Administrative Procedure Code of Georgia

LAW OF GEORGIA

ADMINISTRATIVE PROCEDURE CODE OF GEORGIA

Chapter I – General Provisions of Administrative Procedure

Article 1 – The scope of the Code

1. This Code shall define the procedures for general courts of Georgia to consider and make decisions on administrative

cases.

2. Provisions of the Civil Procedure Code of Georgia shall apply to administrative legal proceedings, unless otherwise

determined by this Code.

Article 2 – Administrative cases subject to the jurisdiction of the court

1. The following may be a matter of administrative dispute in a court:

a) compliance of an administrative act with the legislation of Georgia;

b) conclusion, fulfilment or termination of a contract under public law;

c) an obligation of an administrative body regarding the compensation of damages, issuance of an administrative act or

performance of another action;

d) declaration of an act as null and void, and determination of existence or absence of a right or legal relations.

2. Cases of placement of persons in inpatient facilities for rendering involuntary psychiatric assistance and cases of

involuntary isolation of persons under Article 14(3) of the Law of Georgia on Tuberculosis Control shall be heard in court

by way of administrative proceedings.

3. Except for cases provided for by paragraphs 1 and 2 of this article, other cases associated with legal relations stemming

from administrative legislation shall also be heard through administrative legal proceedings in court.

4. A claim of an administrative body with regard to a matter falling within its scope of authority shall not be admissible.

5. Except as provided for by law, a court shall not admit a claim brought against an administrative body, unless the

claimant has taken the one-off opportunity to lodge an administrative complaint in accordance with the procedure

established by the General Administrative Code of Georgia.

Law of Georgia No 3391 of 13 February 2004 – LHG I, No 6, 9.3.2004, Art. 28

Law of Georgia No 1800 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 244

Law of Georgia No 3452 of 14 July 2006 – LHG I, No 30, 27.7.2006, Art. 236

Law of Georgia No 5198 of 4 July 2007 – LHG I, No 28, 18.7.2007, Art. 285

Law of Georgia No 5670 of 28 December 2007 – LHG I, No 1, 3.1.2008, Art. 2

Law of Georgia No 2270 of 4 December 2009 – LHG I, No 45, 21.12.2009, Art. 331

Law of Georgia No 4630 of 11 December 2015 – website, 23.12.2015

Article 3 – A principle of party disposition

1. In administrative legal proceedings, the parties shall enjoy the rights and duties granted by Article 3 of the Civil

Procedure Code of Georgia.

2. An administrative body participating in administrative legal proceedings may conclude an amicable settlement of a

case, abandon a claim, or admit a claim only when it does not contradict the legislation of Georgia.

Article 4 – Adversarial and inquisitorial principles of proceedings

When an administrative case is under trial, the parties shall enjoy the rights and duties grated by Article 4 of the Civil

Procedure Code of Georgia, and at the same time, the court may, at its own initiative, make the decision on providing

additional information or evidence.

Chapter II – Jurisdiction

Article 5 – Cases under the jurisdiction of a district (city) court

1. A district (city) court shall hear at first instance administrative cases falling under its substantive jurisdiction, except for

the cases provided for by Article 6 of this Code.

2. A district (city) court shall also hear at first instance administrative cases in the administrative-territorial units where

there is no magistrate judge.

Law of Georgia No 1800 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 244

Article 6 – Administrative cases under the jurisdiction of a magistrate judge

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Magistrate judges shall hear at first instance the following cases on:

a) (deleted);

b) the lawfulness of an individual administrative act provided for by the Administrative Offences Code of Georgia, under

the procedure established by the Administrative Offences Code of Georgia;

b 1 ) the administrative offences subject to a court hearing, under the procedure established by the Administrative Offences

Code of Georgia, on the basis of a respective report submitted to the court;

c) an issue regarding the state social protection;

d) a dispute arising from the execution of a legally effective court decision;

e) a dispute arising from labour relations in public service;

f) the issuance of an order to inspect an entrepreneur's activity on the basis of a motion of a controlling authority;

g) the placement of a person in an inpatient facility for rendering involuntary psychiatric assistance on the basis of an

application of an appropriate psychiatric facility administration or penitentiary institution;

h) the involuntary isolation of a person under Article 14(3) of the Law of Georgia on Tuberculosis Control on the basis of

an application of a local unit of public healthcare (the ‘local public healthcare unit’) under the same Law;

i) the inclusion of the data of a person into the list of dependent persons.

Law of Georgia No 169 of 24 February 2000 – LHG I, No 7, 8.3.2000, Art. 10

Law of Georgia No 567 of 25 October 2000 – LHG I, No 39, 10.11.2000, Art. 111

Law of Georgia No 1555 of 21 June 2002 – LHG I, No 26, 30.9.2002, Art. 124

Law of Georgia No 3391 of 13 February 2004 – LHG I, No 6, 9.3.2004, Art. 28

Law of Georgia No 1800 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 244

Law of Georgia No 3452 of 14 July 2006 – LHG I, No 30, 27.7.2006, Art. 236

Law of Georgia No 1692 of 24 September 2009 – LHG I, No 29, 12.10.2009, Art. 175

Law of Georgia No 3526 of 21 July 2010 – LHG I, No 46, 4.8.2010, Art. 289

Law of Georgia No 6091 of 26 April 2012 – website, 10.5.2012

Law of Georgia No 4630 of 11 December 2015 – website, 23.12.2015

Law of Georgia No 950 of 1 June 2017 – website, 20.6.2017

Law of Georgia No 1186 of 2 December 2021 – website, 28.12.2021

Chapter III – Impartiality; Recusal

Article 7 – Inadmissibility of repeated participation of a judge in a case hearing

A judge shall not participate in a case hearing if he/she has previously participated in the administrative proceedings

regarding that case.

Law of Georgia No 567 of 25 October 2000 – LHG I, No 39, 10.11.2000, Art. 111

Article 8 – (Deleted)

Law of Georgia No 169 of 24 February 2000 – LHG I, No 7, 8.3.2000, Art. 10

Chapter IV – Cost of Proceedings

Article 9 – State fees

1. A state fee shall not be paid for a claim filed with regard to the issue of state social protection, and for cases provided for

in Chapters VII 3 and VII 17 of this Code.

1 1 . A state fee shall not be paid for cases provided for in Chapter VII 9 of this Code.

1 2 . A state fee shall not be paid for cases provided for in Chapter VII 22 of this Code.

2. (Deleted).

3. A state fee shall be halved if the proceedings are terminated.

4. (Deleted).

Law of Georgia No 1800 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 244

Law of Georgia No 5670 of 28 December 2007 – LHG I, No 1, 3.1.2008, Art. 2

Law of Georgia No 2510 of 28 December 2009 – LHG I, No 3, 13.1.2010, Art. 7

Law of Georgia No 5666 of 28 December 2011 – website, 12.1.2012

Law of Georgia No 6759 of 13 July 2020 – website, 20.7.2020

Law of Georgia No 1186 of 2 December 2021 – website, 28.12.2021

Article 10 – Payment of the cost of proceedings

1. (Deleted).

2. If an individual administrative act was issued without a proper examination of the case circumstances, the

administrative body shall pay the costs of court proceedings even if the decision was rendered in its favour.

http://www.matsne.gov.ge 030.000.000.05.001.000.672

3. If a party obliged to pay the costs of court proceedings consists of several natural or legal persons, the costs of court

proceedings shall be equally divided among them.

Law of Georgia No 169 of 24 February 2000 – LHG I, No 7, 8.3.2000, Art. 10

Law of Georgia No 1800 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 244

Law of Georgia No 5670 of 28 December 2007 – LHG I, No 1, 3.1.2008, Art. 2

Article 11 – Division of costs of court proceedings when the case is amicably settled

1. If the court proceedings are closed through a settlement and the parties could not agree on the division of the court

costs, where none of the parties is exempt from the obligation to pay the court costs, the court costs shall be equally

divided among them.

2. Extrajudicial costs shall be paid by each party individually.

Chapter V – Procedural Periods; Court Notification and Summons

Article 12 – Commencement of the appeal period

1. The appeal period shall start to run only if the judicial act explains to a person participating in the proceedings the

possibility for appeal, the court where he/she can file the appeal, the location of the court, and the appeal period and

procedure.

2. If the party has not been notified of the right of appeal or has been notified in violation of any requirements specified

in paragraph 1 of this article, an appeal may be filed within one year from issuing the judicial act.

3. If a judicial act fails to comply with paragraph 1 of this article, the court shall, on the motion of any party or at its own

initiative, rule on compliance of the judicial act with the requirements established by this Law. A complaint subject to a

time limit may be filed against the ruling.

Law of Georgia No 169 of 24 February 2000 – LHG I, No 7, 8.3.2000, Art. 10

Law of Georgia No 1800 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 244

Article 13 – Transfer of judicial summonses and documents to the parties

1. When any summons, document or letter is sent by a court to the parties or to another person participating in the court

proceedings, the date of its sending must be indicated on it.

2. A court shall send to the parties or their representatives a copy of a decision, ruling or order which is subject to appeal

at the court of the same or superior instance. Copies of other judicial acts shall be transferred to the parties or their

representatives upon their written request. A document sent to a representative of a party shall be considered sent to the

party, while a document sent to a party shall be considered sent to the representative of the party.

3. A person, who is not registered in Georgia or is registered without address, shall, upon request of the court, appoint

another person who will be authorised to receive documents.

4. (Deleted).

5. If a document to be sent by the court is large, a party or its representative shall only be communicated the title of the

document, and that he/she has the right to read the document at the court registry.

6. A party shall have the right to obtain a copy of the document at its own expense or take an excerpt in the court

registry.

Law of Georgia No 1800 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 244

Law of Georgia No 5670 of 28 December 2007 – LHG I, No 1, 3.1.2008, Art. 2

Article 13 1 – (Deleted)

Law of Georgia No 932 of 29 December 2004 – LHG I, No 41, 30.12.2004, Art. 208

Law of Georgia No 2361 of 20 December 2005 – LHG I, No 55 27.12.2005, Art. 381

Law of Georgia No 4231 of 29 December 2006 – LHG I, No 50, 30.12.2006, Art. 382

Law of Georgia No 5670 of 28 December 2007 – LHG I, No 1, 3.1.2008, Art. 2

Article 13 2 – The period for hearing judicial disputes stemming from the tax and customs legislations of Georgia

1. The period for hearing a judicial dispute stemming from the tax and customs legislations of Georgia before a court of

first instance must not exceed two months between the admission of the statement of claim and the issuance of the final

decision in the case, and if the pending case is especially complicated, the court hearing the case may decide to extend

this period by not more than two months.

2. The period for hearing a judicial dispute stemming from the tax and customs legislations of Georgia before the court of

appeals instance must not exceed two months between the admission of the statement of appeal and the issuance of the

final decision in the case.

3. The court shall prepare a reasoned decision to be transferred to the parties within 10 days after announcement of the

operative part of the court decision in a judicial dispute provided for by this article.

Law of Georgia No 1466 of 16 July 2009 – LHG I, No 20, 28.7.2009, Art. 100

http://www.matsne.gov.ge 030.000.000.05.001.000.672

Law of Georgia No 3806 of 12 November 2010 – LHG I, No 66, 3.12.2010, Art. 414

Law of Georgia No 4908 of 28 June 2019 – website, 4.7.2019

Article 13 3 – (Deleted)

Law of Georgia No 5643 of 27 December 2011 – website, 12.1.2012

Law of Georgia No 486 of 25 March 2013 – website, 5.4.2013

Chapter VI – Parties to Administrative Proceedings; amicus curiae

Article 14 – Participants to administrative proceedings

1. In addition to the persons provided for by Article 79 of the Civil Procedure Code of Georgia, an administrative body

that has issued an administrative legal act or performed any act of legal significance shall participate in administrative

proceedings.

2. The state shall be responsible for actions and decisions of an administrative body or of a private person on the basis of

the rights delegated to the person by the state.

Article 15 – Participation in administrative proceedings through a representative

1. If a party is a state body or a municipal body/municipality, it shall be represented in the court by its head or an official

who has been granted the right of representation under the legislation of Georgia.

2. A state body or a municipal body/municipality may appoint, under the procedure established by the legislation of

Georgia, an official or a public servant employed at this administrative body as its representative in administrative

proceedings.

3. A state body or a municipal body/municipality may appoint an attorney as its representative.

4. If the value of the subject matter of a dispute exceeds GEL 500 000 and/or the case is especially complicated in terms of

factual or legal circumstances, an executive agency shall apply to the Ministry of Justice of Georgia, which is authorised to

require appointment of a state employee or a public servant of the Ministry of Justice of Georgia as a representative of that

agency in the administrative proceedings (except for a dispute stemming from the tax and customs legislations of

Georgia). In this case, the executive agency may, with the consent of the Ministry of Justice of Georgia, grant the right of

representation in the same case to a state employee or public servant employed by the above agency.

5. (Deleted – 30.11.2018, No 3807).

6. In the cases provided for by paragraph 4 of this article, the procedure and periods for applying to the Ministry of Justice

of Georgia, for circulating case materials and appointing a representative shall be determined by an order of the Minister

of Justice of Georgia.

Law of Georgia No 169 of 24 February 2000 – LHG I, No 7, 8.3.2000, Art. 10

Law of Georgia No 1800 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 244

Law of Georgia No 1131 of 27 March 2009 – LHG I, No 9, 13.4.2009, Art. 31

Law of Georgia No 1692 of 24 September 2009 – LHG I, No 29, 12.10.2009, Art. 175

Law of Georgia No 3806 of 12 November 2010 – LHG I, No 66, 3.12.2010, Art. 414

Law of Georgia No 4463 of 22 March 2011 – website, 1.4.2011

Law of Georgia No 4350 of 27 October 2015 – website, 11.11.2015

Law of Georgia No 158 of 21 December 2016 – website, 28.12.2016

Law of Georgia No 3807 of 30 November 2018 – website, 13.12.2018

Law of Georgia No 4908 of 28 June 2019 – website, 4.7.2019

Law of Georgia No 6881 of 15 July 2020 – website, 28.7.2020

Article 16 – Involvement of the third persons in administrative proceedings

1. Before closure of the main court hearing, the court may inform the person, whose interests may be affected by the

court decision, about the commencement of administrative proceedings, and involve the person as a third party in the

case.

2. A third person must be involved in the case if the person is a party to the legal relation regarding which the court may

only deliver a common decision. If more than 10 persons are involved in the legal relation, the court shall involve in the

case only the persons that express their desire to be involved in.

2 1 . Each interested person may apply to a court for the involvement in the case as a third party, according to paragraph 1

or 2 of this article.

2 2 . Under paragraph 1 or 2 of this article, a third person may be involved in the case on the initiative of one of the parties,

for which he/she shall submit a reasoned statement to the court.

2 3 . A complaint subject to a time limit may be lodged against the court ruling rejecting the involvement of a third person

in the case.

3. A court ruling on the involvement in the case as a third person shall be sent to the parties and the third persons, and if

http://www.matsne.gov.ge 030.000.000.05.001.000.672

more than 10 persons are involved in the administrative legal proceedings as third persons, the ruling may be published

instead of sending it.

4. A court ruling on the involvement of a person as a third party in a case shall not be appealed. A court ruling delivered

with regard to paragraph 2 of this article may be appealed only by a person who has been involved in the case.

5. A third person defined by paragraph 2 of this article shall enjoy all the rights of a claimant (defendant) and shall

undertake all duties of a claimant.

Law of Georgia No 169 of 24 February 2000 – LHG I, No 7, 8.3.2000, Art. 10

Law of Georgia No 1800 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 244

Article 16 1 – Friend of the Court (Amicus Curiae)

1. Any person who is not a party or a third party to a case under review shall have the right, no less than five days before

consideration of the case on the merits, to submit to a court his/her personal written opinion on the case.

2. The written opinion submitted must not aim at supporting any of the parties to the case. The written opinion must

assist the court in the appropriate evaluation of the matter to be considered. If the court finds that the written opinion is

not prepared in compliance with the requirements under this article, it shall not consider the written opinion.

3. The court is not obligated to accept the arguments in the written opinion; however, if the court deems it necessary, it

may use the opinion provided by the Friend of the Court. This opinion may be included in the reasoning part of the court

judgment.

4. The court may summon the author of the written opinion to the hearing of the case on the merits to give oral

explanations.

Law of Georgia No 3900 of 3 July 2015 – website, 10.7.2015

Chapter VII – Judicial Evidence

Article 17 – Burden of proof

1. A claimant shall support his/her claim and shall present appropriate evidence. A defendant shall present a written

response (statement of defence) and appropriate evidence.

2. Unless otherwise determined by the law, in case of filing an action to declare an administrative act null and void, annul

an act or invalidate an act, the burden of proof shall rest with the administrative body that has issued the act.

Law of Georgia No 567 of 25 October 2000 – LHG I, No 39, 10.11.2000, Art. 111

Law of Georgia No 1800 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 244

Law of Georgia No 5670 of 28 December 2007 – LHG I, No 1, 3.1.2008, Art. 2

Article 18 – (Deleted)

Law of Georgia No 1800 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 244

Law of Georgia No 5670 of 28 December 2007 – LHG I, No 1, 3.1.2008, Art. 2

Article 19 – Collection of evidence by court

1. In addition to the powers granted under Article 103 of the Civil Procedure Code of Georgia, a court may, at its own

initiative, also collect factual circumstances and evidence.

2. A party shall have the right, before using the factual circumstances and verifying evidence, to present its own opinion

with regard to them.

3. A court may determine additional time limit for a party to submit evidence.

4. If a party fails to personally obtain and submit evidence to the court for good reason, it must notify the court not later

than the working day preceding the day of the hearing.

5. If an administrative body fails to submit evidence without good reason, the court shall fine the respective official of the

administrative body by GEL 200, but it shall not exempt him/her from the obligation to further submit evidence. In this

case, the court may apply to the head of the administrative body or a higher administrative body with a recommendation

to identify the reasons for failure to submit evidence to the court and to take appropriate disciplinary measures against

that official.

Law of Georgia No 5670 of 28 December 2007 – LHG I, No 1, 3.1.2008, Art. 2

Article 20 – Obligation of an administrative body to submit information to the court

An administrative body shall, upon request of the court, submit to the court the documents and other information

necessary for consideration and resolution of the case.

Law of Georgia No 1063 of 14 September 2001 – LHG I, No 26, 1.10.2001, Art. 110

Article 20 1 – Procedure for considering classified information by the court

1. A court (a judge) shall consider a case for verifying the lawfulness of classification of classified public information at a

closed session without attendance of the parties.

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2. Information provided for by paragraph 1 of this article shall not be submitted to the parties.

3. A decision delivered with regard to the case provided for by this article shall not include the detail that will entail

disclosure of the classified information.

Law of Georgia No 1063 of 14 September 2001 – LHG I, No 26, 1.10.2001, Art. 110

Article 21 – The right to get acquainted with judicial acts

1. Unless otherwise determined by this Code, persons participating in a case may get acquainted with judicial acts, and

materials issued in relation to the case at the court registry.

2. A party shall be entitled to obtain copies of the judicial acts and other materials related to the administrative case

through the court registry. Expenses related to making copies of the documents shall be borne by the party. No other

payments may be requested for making a copy.

3. Draft judicial acts, and other preparatory materials shall not be submitted to the parties for reading.

Chapter VII 1 – Administrative Legal Proceedings Regarding Inspection of Entrepreneur's Activities

Law of Georgia No 925 of 8 June 2001 – LHG I, No 18, 28.6.2001, Art. 60

Article 21 1 – A judge’s order to inspect an entrepreneur's activities

A judge of a district (city) court or a magistrate judge shall issue an order regarding the inspection of an entrepreneur's

activities, upon a motion of a controlling body, according to the entrepreneur’s location.

Law of Georgia No 1063 of 14 September 2001 – LHG I, No 26, 1.10.2001, Art. 110

Law of Georgia No 925 of 8 June 2001 – LHG I, No 18, 28.6.2001, Art. 60

Law of Georgia No 1800 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 244

Article 21 2 – A motion of a controlling body

1. A motion of a controlling body shall be submitted to a judge prior to commencing an inspection of an entrepreneur.

2. If an immediate and direct threat may be posed to the state security, human life or health, and/or evidence, a

controlling body may suspend the activities of an enterprise as related to the subject of inspection and may immediately

apply to a judge with a motion. If the activities of the enterprise cannot be suspended, or the suspension can significantly

damage the enterprise and/or it is requested by the entrepreneur, the controlling body may commence inspection of the

entrepreneur and may apply to a judge with an appropriate motion within 24 hours. When submitting the motion, the

controlling body must justify the urgent necessity of the inspection.

3. The motion of a controlling body for inspection of an entrepreneur's activities must include sufficient grounds for

issuing an order. The motion shall include the accurate details of the entrepreneur to be inspected, and the time, nature

and scope of the inspection.

Law of Georgia No 925 of 8 June 2001 – LHG I, No 18, 28.6.2001, Art. 60

Law of Georgia No 801 of 19 December 2008 – LHG I, No 40, 29.12.2008, Art. 263

Article 21 3 – Procedure for resolving the issue of inspection of an entrepreneur's activity

1. A judge shall, on the basis of a motion of a controlling body, deliver a decision within 72 hours after submission of the

motion.

2. A judge shall consider a motion submitted by a controlling body at his/her personal discretion. The judge may consider

the motion of the controlling body without an oral hearing regarding which, not later than 24 hours after receiving the

motion, he/she will notify the entrepreneur or his/her representative, whose inspection has been requested by the

controlling body, and will provide them with appropriate materials. If the judge concludes that the circumstances

indicated in the motion must be examined, he/she may review the motion at an open court session, except as provided for

by Article 5(4) of the Law of Georgia on Control of Entrepreneurial Activity. The parties must be notified of the session

not later than 48 hours after submission of the motion to the court. The issue provided for by Article 5(4) of the Law of

Georgia on Control of Entrepreneurial Activity shall be considered in accordance with the procedure defined by Article

20 1 of this Code. An entrepreneur or his/her representative may, within 24 hours after receiving the notification of the

inspection and the case materials, present his/her written opinions to the court.

3. A judge shall have the right to summon and question a person whose testimony (information) justifies the motion, to

suggest that the controlling body, which has submitted the motion, and the entrepreneur submit the documents and

material evidence necessary to verify the justification of the motion.

4. An oral hearing on a motion shall begin by the judge’s report announcing about the motion to be considered, after

which the judge shall hear the justified arguments of the controlling body regarding the inspection and ask the

controlling body questions. The entrepreneur or his/her representative shall have the opportunity to give explanations

and to express opposing opinions. By permission of the judge, the entrepreneur or his/her legal representative shall ask

questions to a representative of the controlling body, who must answer the judge's and the entrepreneur's or his/her legal

representative's questions. A hearing on a motion shall not be postponed due to the failure of the parties to appear.

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5. (Deleted).

6. A record of proceedings shall be drawn up at the court session. After verifying the justification of the motion, the judge

shall issue a reasoned order on inspecting the entrepreneur's activity. If the inspection of the entrepreneur has already

been commenced and the court refuses to inspect the entrepreneur's activity, information on termination of the

inspection and on payment for damages (if the damage is caused by a guilty act of the controlling body) incurred by the

entrepreneur shall be indicated in the order.

7. The following information shall be indicated in a judge’s order on the inspection of an entrepreneur's activity:

a) the date and place of drawing up the order;

b) the surname of the judge;

c) the controlling body that has submitted a motion to the judge;

d) the decree on inspecting the entrepreneur's activity, its essence, and the entrepreneur who is being inspected;

e) the period of validity of the order and the period for inspection of the entrepreneur's activity, which must not exceed

15 days;

f) the official or the body authorised to execute the order;

g) the signature of the judge and the seal of the court.

8. If the court does not agree to inspect the entrepreneur's activity, the following information shall be indicated in the

order:

a) the date and place of drawing up the order;

b) the surname of the judge;

c) the controlling body that has submitted the motion to the judge;

d) the decree on rejecting to inspect the entrepreneur's activity with an appropriate justification, and the entrepreneur,

whose inspection has been rejected;

e) the official or the body authorised to execute the order;

f) the signature of the judge and the seal of the court.

9. A judge’s order shall be drawn up in three copies, one of which shall be forwarded to the controlling body that has

submitted the motion; the second copy shall be forwarded to the entrepreneur or his/her representative, and the third

copy shall remain in the court.

10. Based on newly identified or newly revealed circumstances, an entrepreneur or his/her representative may, within

three days since the above circumstances have become known to him/her, submit a motion for cancelling the judge's

order on the inspection of the entrepreneur's activity to the court, whose judge has issued the order on the inspection of

the entrepreneur's activity. The motion shall be considered under the procedure determined by this article. If the motion

is granted, the judge’s order shall be cancelled.

11. (Deleted).

12. The validity of an order and the period for inspection of an entrepreneur's activity must not exceed 15 days. In

exceptional cases, on the basis of a reasoned motion, the above period may be extended by not more than 15 days. In

addition, if the entrepreneur's annual turnover exceeds GEL one million, the aforementioned 30-day period may

additionally be extended by not more than 40 days. A motion of the controlling body for extending the period for

inspection of an entrepreneur's activity shall be reviewed under the procedure determined by this article.

13. A person submitting a motion may, within 24 hours after submission of the motion or during the hearing on the

motion, withdraw the motion before the judge retires to the deliberations room. The motion may not be repeatedly

submitted to the court on the same grounds.

14. A judge’s order shall enter into force after expiry of the period determined for appealing the order. The appealing of

an order shall suspend the effect of the order. The judge’s order may be appealed to the court of appellate instance within

48 hours under the procedure determined by this article.

15. An appeal for cancelling a judge’s reasoned order shall be submitted to the court issuing the order within 48 hours

after a copy of the order is delivered to a party. The judge shall immediately forward the appeal, together with the case

materials, to the court of appellate instance. Copies of the appeal and the attached materials shall be forwarded to the

other party.

16. An appeal shall be heard at the court of appeals under the procedure established for hearing at the court of first

instance.

17. The court of appellate instance shall annul the appealed order by issuing an order.

18. An order of the court of appellate instance shall be final and shall not be appealed.

Law of Georgia No 925 of 8 June 2001 – LHG I, No 18, 28.6.2001, Art. 60

Law of Georgia No 1063 of 14 September 2001 – LHG I, No 26, 1.10.2001, Art. 110

Law of Georgia No 1800 of 24 June 2005 – LHG I, No 37, 14.7.2005, Art. 244

Law of Georgia No 5670 of 28 December 2007 – LHG I, No 1, 3.1.2008, Art. 2

Law of Georgia No 878 of 26 December 2008 – LHG I, No 41, 30.12.2008, Art. 313

Law of Georgia No 2036 of 7 March 2018 – website, 29.3.2018

Chapter VII 2 – (Deleted)

http://www.matsne.gov.ge 030.000.000.05.001.000.672

Law of Georgia No 3391 of 13 February 2004 – LHG I, No 6, 9.3.2004, Art. 28

Law of Georgia No 5198 of 4 July 2007 – LHG I, No 28, 18.7.2007, Art. 285

Article 21 4 – (Deleted)

Law of Georgia No 3391 of 13 February 2004 – LHG I, No 6, 9.3.2004, Art. 28

Law of Georgia No 4214 of 29 December 2006 – LHG I, No 51, 31.12.2006, Art. 442

Law of Georgia No 5198 of 4 July 2007 – LHG I, No 28, 18.7.2007, Art. 285

Article 21 5 – (Deleted)

Law of Georgia No 3391 of 13 February 2004 – LHG I, No 6, 9.3.2004, Art. 28

Law of Georgia No 2266 of 16 December 2005 – LHG I, No 55, 27.12.2005, Art. 369

Law of Georgia No 5198 of 4 July 2007 – LHG I, No 28, 18.7.2007, Art. 285

Article 21 6 – (Deleted)

Law of Georgia No 3391 of 13 February 2004 – LHG I, No 6, 9.3.2004, Art. 28

Law of Georgia No 5198 of 4 July 2007 – LHG I, No 28, 18.7.2007, Art. 285

Article 21 7 – (Deleted)

Law of Georgia No 3391 of 13 February 2004 – LHG I, No 6, 9.3.2004, Art. 28

Law of Georgia No 4214 of 29 December 2006 – LHG I, No 51, 31.12.2006, Art. 442

Law of Georgia No 5198 of 4 July 2007 – LHG I, No 28, 18.7.2007, Art. 285

Article 21 8 – (Deleted)

Law of Georgia No 3391 of 13 February 2004 – LHG I, No 6, 9.3.2004, Art. 28

Law of Georgia No 5198 of 4 July 2007 – LHG I, No 28, 18.7.2007, Art. 285

Article 21 9 – (Deleted)

Law of Georgia No 3391 of 13 February 2004 – LHG I, No 6, 9.3.2004, Art. 28

Law of Georgia No 1352 of 20 April 2005 – LHG I, No 19, 28.4.2005, Art. 124

Law of Georgia No 5198 of 4 July 2007 – LHG I, No 28, 18.7.2007, Art. 285

Article 21 10 – (Deleted)

Law of Georgia No 3391 of 13 February 2004 – LHG I, No 6, 9.3.2004, Art. 28

Law of Georgia No 5198 of 4 July 2007 – LHG I, No 28, 18.7.2007, Art. 285

Article 21 11 – (Deleted)

Law of Georgia No 3391 of 13 February 2004 – LHG I, No 6, 9.3.2004, Art. 28

Law of Georgia No 4214 of 29 December 2006 – LHG I, No 51, 31.12.2006, Art. 442

Law of Georgia No 5198 of 4 July 2007 – LHG I, No 28, 18.7.2007, Art. 285

Chapter VII 3 – Administrative Legal Proceedings regarding Elimination of Violence against Women and/or Domestic

Violence, Protection and Support of Victims of Violence

Law of Georgia No 3146 of 25 May 2006 – LHG I, No 20, 9.6.2006, Art. 174

Law of Georgia No 762 of 4 May 2017 – website, 25.5.2017

Article 21 12 – Application to a court and the procedure for delivering and appealing a decision on limitation of powers of

a parent/legal representative, and on separation of a minor from his/her parent, other legal representative or another

perpetrator

1. In case of violence against women and/or domestic violence, a victim against women and/or domestic violence and

his/her family member, and in case of violence against a minor, a guardianship and custodianship authority shall also have

the right to apply to the court.

2. In case of violence against women and/or domestic violence, a social worker, and a person who provides medical, legal

and psychological assistance to a victim shall have the right to apply to the court, only with the consent of the victim.

3. At all stages of legal proceedings with regard to a fact of domestic violence against a minor, including when questioning

(interviewing) a minor, the best interests of the minor must be taken into consideration, based on his/her age and the

level of maturity.

4. During administrative legal proceedings for appealing a protective order or restraining order, a minor victim of

domestic violence may not be interviewed (explanations may not be taken from a minor) in the presence of a presumed

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violent parent (parents)/legal representative (representatives). A parent/legal representative may not be present either

during questioning (interviewing) of a minor if there is a suspicion as to his/her (their) impartiality based on the nature of

the relations between the violent family member and the parent/legal representative, or in case of any other conflict of

interest, and the testimony (report of interview, or explanations) given by the minor may not be provided or forwarded to

him/her (them).

5. The right of a parent/legal representative to be the minor’s representative in administrative proceedings shall be

considered suspended during the court proceedings until a final decision has been delivered if the parent/representative is

a presumed perpetrator, or there is a suspicion as to his/her impartiality based on the nature of the relations between the

perpetrator family member or another perpetrator and the parent/legal representative, or in case of any other conflict of

interest.

6. If the powers of a parent/legal representative have been suspended, the court shall rule on bringing a guardianship and

custodianship authority as a party in the legal case regarding a minor whose parents’/legal representative’s parental rights

or duties have been restricted. The guardianship and custodianship authority shall appoint a minor’s representative who

will defend the interests of the minor during the court trial.

7. A decision of a social worker on separation of a minor from his/her parent, another legal representative, or another

perpetrator shall become effective immediately and shall be sent within 24 hours to the minor’s parents/legal

representative (representatives) if he/she (they) are identified.

8. A decision of a social worker on separation of a minor from his/her parent, another legal representative, or another

perpetrator may be appealed at any time by the minor’s parent/legal representative to a court of first instance under the

procedure determined by this Code, according to the location of the minor. An appeal of a legal representative shall not

suspend the effect of the decision on separation.

9. The court shall, within 24 hours from the admission of an appeal in accordance with the established procedure, send

the appeal and the attached materials to a body delivering the decision on separating the minor. This body may respond

in writing regarding the issues identified in the appeal and furnish evidence within 2 days from receiving the court

summons.

10. The judge may, on the initiative of a party or on his/her own initiative, hear the case at a closed session.

11. Failure of the parties to appear at a court session shall not hinder consideration by the court of the issues provided for

by this article.

12. The court shall, within 5 days from the admission of an appeal in accordance with the established procedure, consider

the appeal and deliver a reasoned decision on cancelling the social worker’s decision or refusing to cancel it.

13. The court shall deliver a reasoned decision on cancelling or refusing to cancel the decision on separation of a minor on

the basis of inner beliefs. The decision shall be forwarded to the parties within 24 hours after it has been delivered.

14. The decision defined by this article and delivered by a court of first instance shall be appealed to the court of appeals

within 3 days from serving a reasoned decision to a party.

15. A decision regarding an appeal shall be delivered by the court of appeals under the procedure established by this

article within 3 days after the appeal is filed with the court.

16. The decision of the court of appeals shall be final and shall not be subject to appeal.

17. A legally effective court decision may be appealed by the minor’s parent or another legal representative requesting the

resumption of the proceedings due to recently identified circumstances, under the procedure established by Article 423 of

the Civil Procedure Code of Georgia, including when such circumstances and evidence have become known to him/her

that, would they be submitted to the court during the trial, would have entailed delivery of a decision that would be

favourable for him/her.

Law of Georgia No 3146 of 25 May 2006 – LHG I, No 20, 9.6.2006, Art. 174

Law of Georgia No 2510 of 28 December 2009 – LHG I, No 3, 13.1.2010, Art. 7

Law of Georgia No 2699 of 17 October 2014 – website, 31.10.2014

Law of Georgia No 5450 of 22 June 2016 – website, 12.7.2016

Law of Georgia No 762 of 4 May 2017 – website, 25.5.2017

Law of Georgia No 5025 of 20 September 2019 – website, 1.10.2019

Law of Georgia No 2478 of 22 December 2022 – website, 29.12.2022

Article 21 13 – Procedure for issuing and appealing a protective order

1. In order to ensure protection of a victim of violence against women and/or domestic violence and restriction of a

perpetrator from certain actions, a court can issue a protective order as a provisional measure on the basis of an

application of a person responsible for prompt response to violence against women and/or domestic violence.

2. An application for issuing a protective order shall be considered in a court of first instance according to the place of

residence of the victim, under the procedure established by this Code, unless otherwise determined by this Chapter.

3. An application for issuing a protective order shall be submitted in writing. The application must include:

a) the name and surname of the person submitting the application;

b) the residential address of the person submitting the application;

b 1 ) the perpetrator's residential and/or work address and telephone number (including mobile phone number), if any;

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c) description of the fact of violence against women and/or domestic violence;

d) information regarding the perpetrator and the victim and their relationship;

e) the list of evidence;

f) the request to issue a protective order;

g) the signature of the victim or any other person having the right to request issuance of a protective order.

4. The court shall consider the application within 10 days after its registration in the court registry under to the

established procedure, and shall deliver a decision to issue, annul, extend the period of validity or refuse to issue a

protective order.

5. The court shall, within 24 hours after registration of the application in the court registry under the established

procedure, forward the application and the attached materials to a person against whom the application has been

submitted, and shall grant him/her the right to provide evidence. The person against whom the application is submitted

may prepare written response regarding the issues indicated in the application and provide evidence within three days

after receiving the summons.

5 1 . A judge may, on the initiative of a party (on the initiative of a guardianship and custodianship authority in case of a

minor) or on his/her own initiative, review a case at a closed session.

5 2 . In the cases provided for by the Law of Georgia on Elimination of Violence against Women and/or Domestic Violence,

Protection and Support of Victims of Violence, a court shall also consider the issue of relationship of a perpetrator parent

(parents) with a minor. If there are any signs of violence against a minor, the issue of separation of the minor from his/her

perpetrator parent (parents) may be raised in court. The court shall, before delivering a final decision regarding the above,

issue a decree as a provisional measure within 24 hours after applying to it.

6. The decision under this article delivered by the court of first instance may be appealed to the court of appeals within

three days after a reasoned decision is served on a party. Appealing the decision shall not suspend the effect of the

protective order issued. The court of appeals shall deliver the decision on appeal within seven days after filing the appeal,

under the procedure established by this article. The decision of the court of appeals shall be final and shall not be subject

to appeal.

7. Failure of the parties to appear at the court shall not hinder consideration of the issues provided for by this article in

the court.

7 1 . A court decision delivered in relation to the elimination of violence against women and/or domestic violence,

protection and support of victims of violence shall be forwarded to the parties within 24 hours after its delivery. In order

to respond to the possible violation of requirements and obligations provided for by the protective order, the court

decision delivered in relation to the protection and support of victims of violence against women and/or domestic

violence shall be forwarded, also within 24 hours after its delivery, to an appropriate District Office of the territorial body

of the Ministry of Internal Affairs of Georgia according to the place of residence of the victim. If the issue provided for by

a protective order refers to a minor, the aforementioned court decision shall also be forwarded to an appropriate local

guardianship and custodianship authority, and if the court decision refers to the issues related to weapons, it shall be

forwarded to a legal entity under public law within the Ministry of Internal Affairs of Georgia the Service Agency of the

Ministry of Internal Affairs of Georgia.

8. (Deleted).

Law of Georgia No 3146 of 25 May 2006 – LHG I, No 20, 9.6.2006, Art. 174

Law of Georgia No 2510 of 28 December 2009 – LHG I, No 3, 13.1.2010, Art. 7

Law of Georgia No 762 of 4 May 2017 – website, 25.5.2017

Article 21 14 – Procedure for issuing and appealing a restraining order

1. The procedure for issuing a restraining order and its period of validity shall be defined under the Law of Georgia on

Elimination of Violence against Women and/or Domestic Violence, Protection and Support of Victims of Violence.

2. A claim for the annulment of a restraining order shall be considered by a court of first instance according to the place

of residence of the victim, under the procedure established by this Code, unless otherwise provided for by this article.

3. A claim for the annulment of a restraining order shall be submitted in writing. The claim must include:

a) the name and surname of the person submitting the claim;

b) the residential address of the person submitting the claim;

c) the description of factual circumstances;

d) the information about the perpetrator, the victim and their relationship;

e) the list of evidence;

f) the request for annulling or making a change to the restraining order;

g) the signature of the claimant.

4. The court shall consider the claim within 3 days after its submission and shall deliver a decision on cancelling or

partially cancelling, or refusing to cancel the restraining order.

5. The court shall, within 24 hours after submission of the claim, forward it, together with the attached materials, to an

authorised body that has issued the restraining order, and to an interested person in protection of whom the restraining

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order has been issued, and shall grant them the right to submit their opinions and evidence with regard to the claim.

6. An authorised police officer shall prepare a written response concerning the issues specified in the claim and submit

evidence before the case is heard by the court.

7. The judge may, on the initiative of a party (on the initiative of a guardianship and custodianship authority in case of a

minor), or on his/her own initiative, hear the case at a closed session.

8. Failure of the parties to appear at the court shall not hinder consideration by the court of the issues provided for by this

article.

9. A court decision delivered with regard to the elimination of violence against women and/or domestic violence, and the

protection and support of victims of violence shall be forwarded to the parties within 24 hours after its delivery.

10. A court decision under paragraph 4 of this article delivered by a court of first instance may be appealed to a court of

appeals within three days from serving a reasoned decision on a party.

11. A decision on appeal shall be delivered by a court of appeals in under the procedure determined by this article within

seven days after filing the appeal.

12. The decision of the court of appeals shall be final and shall not be appealed.

13. Submission of a claim for cancelling a restraining order and appealing of the decision delivered by the court under the

procedure established by this article shall not suspend the effect of the restraining order issued.

Law of Georgia No 3146 of 25 May 2006 – LHG I, No 20, 9.6.2006, Art. 174

Law of Georgia No 2510 of 28 December 2009 – LHG I, No 3, 13.1.2010, Art. 7

Law of Georgia No 2699 of 17 October 2014 – website, 31.10.2014

Law of Georgia No 762 of 4 May 2017 – website, 25.5.2017

Law of Georgia No 6759 of 13 July 2020 – website, 20.7.2020

Article 21 15 – Issues that may be included in a protective order

1. A protective order shall be drawn up in a language of judicial proceedings, clearly and understandably. It may be

prepared by hand or printed using technical means.

2. A protective order shall include:

a) the date and place of issuance of the order;

b) the circumstances having served as a basis for its issuance;

c) the name and surname, date and place of birth, profession and place of residence of the perpetrator;

d) the list of actions under the restraining order that the perpetrator is prohibited to perform, in accordance with

paragraph 3 of this article and the Law of Georgia on Elimination of Violence against Women and/or Domestic Violence,

Protection and Support of Victims of Violence;

e) the issues of taking by a perpetrator a compulsory training course oriented on the change of a violent attitude and

behaviour, and paying an appropriate fee.

3. A protective order may include:

a) the measures for protecting a victim or a person depending on him/her from the perpetrator;

b) the issues of moving the victim or a person depending on him/her away from the perpetrator and of placing them in a

shelter;

c) the issue of moving the perpetrator away from the place of residence of the victim;

d) the obligation of the perpetrator not to restrict the victim in using personal belongings, a car or other property

necessary for a person to lead normal life;

e) the prohibition of the perpetrator from unilateral using the property in joint ownership;

f) the issues of separating the perpetrator from a minor, of regulating their meeting and communication;

g) the issues of approaching the victim, his/her workplace, or other places where the victim may stay, by the perpetrator;

h) the restriction or prohibition to the perpetrator to use weapons (including service weapons) during the period of

validity of the protective order, or a period specified by the protective order, prohibition to purchase or obtain a permit or

a licence to purchase weapons and conditions for keeping the weapons (including personal weapons) personally possessed

by and/or belonging to the perpetrator, or for their temporary seizure;

i) the issues related to payment of the expenses of the victim’s treatment, his/her stay at the shelter, and other reasonable

expenses, by the perpetrator;

j) the issues related to the implementation of measures aimed at the correction of the perpetrator’s attitudes and

behaviour;

k) (deleted – 20.9.2019, No 5025);

l) the warning of the perpetrator about the liabilities defined by the legislation of Georgia in case of violation of the

requirements under the protective order;

m) other issues necessary to be resolved for the protection of the victim.

4. The protective order can include any or all the issues provided in paragraph 3 of this article, based on the act of

violence.

5. The period of validity of a protective order shall be defined under the Law of Georgia on Elimination of Violence

against Women and/or Domestic Violence, Protection and Support of Victims of Violence.

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6. Unless otherwise provided for by the law, a protective order shall be drawn up in at least 4 copies, one of which shall

be served on the perpetrator, another copy shall be served on the victim, one copy shall remain with the authorised body

having issued the protective order, and the fourth copy shall be forwarded to the respective District Office of the

territorial body of the Ministry of Internal Affairs of Georgia according to the place of residence of the victim. If the issue

provided for by a protective order refers to a minor, one copy of the order shall also be forwarded to an appropriate local

guardianship and custodianship authority, and if the court decision refers to the issues related to weapons, one copy of the

protective order shall be forwarded to an appropriate office of the Ministry of Internal Affairs of Georgia. The court

decision delivered with regard to the protective order shall be served on the parties under the procedure determined by

this Code.

7. A protective order shall enter into force upon issuance.

Law of Georgia No 3146 of 25 May 2006 – LHG I, No 20, 9.6.2006, Art. 174

Law of Georgia No 2510 of 28 December 2009 – LHG I, No 3, 13.1.2010, Art. 7

Law of Georgia No 2699 of 17 October 2014 – website, 31.10.2014

Law of Georgia No 762 of 4 May 2017 – website, 25.5.2017

Law of Georgia No 5025 of 20 September 2019 – website, 1.10.2019

Chapter VII 4 – Administrative Legal Proceedings regarding Placement of a Person in an Inpatient Facility for Provision

of Involuntary Psychiatric Assistance

Law of Georgia No 3452 of 14 July 2006 – LHG I, No 30, 27.7.2006, Art. 236

Article 21 16 – A judge’s order on placing a person in an inpatient facility for provision of involuntary psychiatric

assistance

1. An order on placing a person in an inpatient facility for provision of involuntary psychiatric assistance shall be issued

by a magistrate judge on the basis of an application of an appropriate psychiatric facility administration or penitentiary

institution, and at an administrative-territorial unit where a magistrate judge is not presiding, the aforementioned order

shall be issued by a judge of a district (city) court according to the location of the psychiatric facility or penitentiary

institution.

2. A judge shall consider the case on placing a person in an inpatient facility for involuntary psychiatric assistance and

shall issue an order under the procedure determined by this chapter.

Law of Georgia No 3452 of 14 July 2006 – LHG I, No 30, 27.7.2006, Art. 236

Law of Georgia No 3526 of 21 July 2010 – LHG I, No 46, 4.8.2010, Art. 289

Law of Georgia No 950 of 1 June 2017 – website, 20.6.2017

Article 21 17 – Application to a judge or to a court for placing a person in an inpatient facility for involuntary psychiatric

assistance

1. A psychiatric facility administration or a penitentiary institution where a patient/convicted person is placed shall apply

to a magistrate judge or a district (city) court for issuing an order on placing a person in an inpatient facility for

involuntary psychiatric assistance.

2. A psychiatric facility administration or a penitentiary institution shall apply to a magistrate judge or a district (city)

court for issuing an appropriate order within 48 hours after placing a patient/convicted person in an inpatient facility or

after receiving a positive opinion from an authorised expert institution.

3. An application of a psychiatric facility administration or a penitentiary institution must be justified and must be based

accordingly on the opinion of the psychiatric committee or of an authorised expert institution, which must be attached to

the application together with the patient's/convicted person’s identification documents (a passport, an identity card, a

marriage certificate, or another document), if any. If the identity of a person (the first name, surname, age, gender,

citizenship, residential address) to be placed in an inpatient facility for involuntary psychiatric assistance cannot be

identified as his/her identity documents do not exist, the application of the psychiatric facility administration must be

accompanied by a protocol provided for by Article 19(3) of the Law of Georgia on Mental Health if it has been drawn up

by a police officer.

Law of Georgia No 3452 of 14 July 2006 – LHG I, No 30, 27.7.2006, Art. 236

Law of Georgia No 3526 of 21 July 2010 – LHG I, No 46, 4.8.2010, Art. 289

Law of Georgia No 950 of 1 June 2017 – website, 20.6.2017

Law of Georgia No 6362 of 23 June 2020 – website, 1.7.2020

Article 21 18 – Procedure for considering a case on placing a person in an inpatient facility for involuntary psychiatric

assistance and for issuing an order

1. A judge shall consider a case on placing a person in an inpatient facility for involuntary psychiatric assistance and shall

deliver a decision within 24 hours after submission of an appropriate application.

2. A judge shall review a case on placing a person in an inpatient facility for involuntary psychiatric assistance at his/her

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own discretion at a closed session. Only the persons involved in the treatment process of the patient/convicted person,

and persons whose participation is necessary for ensuring the conduct of administrative legal proceedings shall have the

right to attend the court hearing. A representative of the psychiatric facility administration or the penitentiary

institution, and at least one member of the appropriate psychiatric committee, the patient/convicted person and his/her

attorney accordingly must participate in the case hearing. If a patient/convicted person cannot afford an attorney, the

court shall have the obligation to assign an attorney for him/her at the expense of the State. A legal representative of a

patient/convicted person shall also participate in the hearing, and if there is no such representative, his/her relative (in

this case, the term 'a relative of the patient' means a person from among the people defined by Article 4(h) of the Law of

Georgia on Mental Health) shall participate in the hearing. In a special case, when a patient/convicted person cannot be

brought to the court due to his/her illness or another objective reason, the judge shall conduct a field court hearing

regarding the placement of a person in an inpatient facility for involuntary psychiatric assistance in the inpatient facility

where the patient/convicted person stays, or by a court decision, a patient/convicted person may participate in the

hearing remotely, with the use of technical means.

3. After opening the court session, the judge shall announce about the application to be considered, list the participants of

the proceedings, and ascertain whether there are any recusals. Consequently, the representative of a psychiatric facility

administration or a penitentiary institution respectively shall justify the application submitted by him/her and then shall

answer the questions asked by the judge, the patient/convicted person and his/her attorney, legal representative and/or

relative of the patient/ convicted person. Failure of the legal representative or the relative of the patient/ convicted person

to appear at the court session shall not be a ground for postponing consideration of the application.

4. The judge may summon and question the members of the psychiatric committee, whose opinion served as a basis for

applying to the court by the psychiatric facility administration or the penitentiary institution, and other persons whose

testimony (information) justifies the application. The patient/convicted person, his/her attorney, legal representative

and/or relative shall have the right to require that other persons also be questioned, whose testimonies may be essentially

significant for the case. The patient/convicted person, his/her attorney, legal representative and/or relative shall also have

the right to give explanations to the court and to state opposing opinions.

5. A record of proceedings shall be drawn up at the court session. After verifying the justifiability of the application and

evaluating the grounds defined by Article 18(1) of the Law of Georgia on Mental Health, the judge shall issue a justified

order on placing a person in an inpatient facility for involuntary psychiatric assistance until the involuntary treatment

criteria come to an end but for not more than six months.

6. If there are no statutory grounds for placing a person in an inpatient facility for involuntary psychiatric assistance, the

judge shall make a ruling on refusing to place the person in an inpatient facility for involuntary psychiatric assistance. In

this case, the person placed in an inpatient facility for involuntary psychiatric assistance must be immediately discharged

from the inpatient facility.

7. The following information shall be indicated in a judge’s order on placing a person in an inpatient facility for

involuntary psychiatric assistance:

a) the date and place of issuance of the order;

b) the surname of the judge;

c) the psychiatric facility whose administration has filed a respective application with the court, or the penitentiary

institution that has applied to the court;

d) parties to the court proceedings;

e) the decree on placing a person in an inpatient facility for involuntary psychiatric assistance, with an appropriate

justification, and the identity of the person to be placed in the inpatient facility (if the person cannot be identified as

his/her identification documents, facts or data do not exist, then the 'unidentified patient No ...' shall be indicated in the

judge’s order, and a conditional number shall be assigned to him/her according to the registration number of the

administrative case considered);

f) the period of validity of the order on placing a person in an inpatient facility for involuntary psychiatric assistance,

which must not exceed six months. The order shall usually include that it is valid until the involuntary treatment criteria

come to an end, which is determined by the appropriate psychiatric committee on the basis of the opinion;

g) the psychiatric facility (its head), which must comply with the order;

h) the signature of the judge and the seal of the court.

8. The following information shall be indicated in a judge’s ruling on refusing to place a person in an inpatient facility for

involuntary psychiatric assistance:

a) the date and place of rendering the ruling;

b) the surname of the judge;

c) the psychiatric facility whose administration has filed a respective application with the court, or the penitentiary

institution that has applied to the court;

d) parties to the court proceedings;

e) the decree on refusing to place a person in an inpatient facility for involuntary psychiatric assistance, with an

appropriate justification, and the identity of the person who was to be placed in the inpatient facility (if the person cannot

be identified as to his/her identification documents, facts or data do not exist, then the 'unidentified patient No ...' shall be

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indicated in the judge’s order, and a conditional number shall be assigned to him/her according to the registration number

of the administrative case considered);

f) the psychiatric facility (its head), which must comply with the ruling;

g) the signature of the judge and the seal of the court.

9. A judge’s order (ruling) shall be prepared in three copies, one of which shall be forwarded to the psychiatric facility

that has submitted the application, the second copy shall be forwarded to the patient, his/her legal representative or

relative, and the third copy shall remain with the court.

10. A psychiatric facility administration shall have the right, during hearing the application in the court, to withdraw its

application before the judge retires to the deliberations room.

11. A judge’s order (ruling) shall enter into force upon announcement to the parties.

Law of Georgia No 3452 of 14 July 2006 – LHG I, No 30, 27.7.2006, Art. 236

Law of Georgia No 2270 of 4 December 2009 – LHG I, No 45, 21.12.2009, Art. 331

Law of Georgia No 3526 of 21 July 2010 – LHG I, No 46, 4.8.2010, Art. 289

Law of Georgia No 950 of 1 June 2017 – website, 20.6.2017

Law of Georgia No 2036 of 7 March 2018 – website, 29.3.2018

Law of Georgia No 6362 of 23 June 2020 – website, 1.7.2020

Article 21 19 – The period of validity of a judge’s order on placing a person in an inpatient facility for involuntary

psychiatric assistance and the procedure for extending its period of validity

1. A judge’s order on placing a person in an inpatient facility for involuntary psychiatric assistance shall be valid until the

involuntary treatment criteria come to an end, which is confirmed by the opinion of the psychiatric committee but this

period must not exceed six months. This period of validity shall not apply to a patient who serves a sentence in an

appropriate medical (treatment) facility. The period of placement in an inpatient facility shall start to run from the

moment of placement of the person in the inpatient facility.

2. Based on the mental condition of a patient and if there are grounds provided for by Article 18(1) of the Law of Georgia

on Mental Health, the period of validity specified in paragraph 1 of this article may be extended by not more than six

months on the basis of a justified application of the psychiatric facility administration. After expiry of each such extended

period, the psychiatric facility administration may apply again to the court for extending the period, unless the

involuntary treatment criteria of the patient have come to an end. The application of the psychiatric facility

administration for extending the period of placement of a person in an inpatient facility for involuntary psychiatric

assistance shall be considered under the procedure determined by Article 21 18 of this Code, within 72 hours after

submission of the appropriate application by the psychiatric facility administration.

3. If the involuntary treatment criteria of a patient have come to an end before expiry of six months from the issuance of

the judge’s order on placing the person in an inpatient facility for involuntary psychiatric assistance and/or on extending

the period of placement of the person in an inpatient facility for involuntary psychiatric assistance, the patient must be

immediately discharged from the inpatient facility. The decision to release the patient from the inpatient facility shall be

made by the psychiatric facility administration on the basis of the opinion of the psychiatric committee, which will be

immediately notified to the magistrate judge and/or the appropriate district (city) court.

Law of Georgia No 3452 of 14 July 2006 – LHG I, No 30, 27.7.2006, Art. 236

Law of Georgia No 2270 of 4 December 2009 – LHG I, No 45, 21.12.2009, Art. 331

Law of Georgia No 6362 of 23 June 2020 – website, 1.7.2020

Article 21 20 – Appeal of a judge’s order (ruling) on placing a person in an inpatient facility for involuntary psychiatric

assistance

1. A judge’s order (ruling) on placing a person in an inpatient facility for involuntary psychiatric assistance may be

appealed by the psychiatric facility administration or the penitentiary institution, the patient/convicted person, his/her

attorney, legal representative and/or relative to the court of appeals, under the procedure determined by this article.

2. An appeal for cancelling a judge’s justified order (ruling) shall be filed with the court that has issued (made) the order

(ruling) within 48 hours after a copy of the order (ruling) has been forwarded to a party. The judge shall immediately

forward the appeal, together with the case materials, to the court of appeals. Copies of the appeal and the attached

materials shall also be forwarded to the other party.

3. Appealing a judge’s order (ruling) to the court of appeals shall not suspend the validity of the order (ruling).

4. An appeal shall be heard on the merits at the court of appeals within one week after submission of the appeal, under

the procedure determined by Article 21 18 of this Code. In addition, the court of appeals shall have the right, in order to

determine the patient's mental condition, to schedule an additional forensic psychiatric expert examination at its own

initiative or on the request of a party. If the expert examination is scheduled at the court’s initiative, it shall be conducted

at the expense of the State. The expert examination scheduled on the request of a party shall be conducted at the expense

of that party.

5. The court of appeals shall annul an appealed order by issuing an order, while it shall annul an appealed ruling by

http://www.matsne.gov.ge 030.000.000.05.001.000.672

issuing a ruling.

6. An order (ruling) of the court of appeals shall be final and shall not be subject to appeal.

Law of Georgia No 3452 of 14 July 2006 – LHG I, No 30, 27.7.2006, Art. 236

Law of Georgia No 3526 of 21 July 2010 – LHG I, No 46, 4.8.2010, Art. 289

Law of Georgia No 950 of 1 June 2017 – website, 20.6.2017

Law of Georgia No 2036 of 7 March 2018 – website, 29.3.2018

Chapter VII 5 – Administrative Legal Proceedings for Sale of the Taxpayer's Property Seized by the Tax Authority

Law of Georgia No 5281 of 11 June 2007 – LHG I, No 30, 30.7.2007, Art. 345

Article 21 21 – A judge’s order on selling taxpayer's seized property

An order on selling the taxpayer's seized property shall be issued by a judge of a district (city) court, on the basis of a

motion of a tax authority, according to the taxpayer's location.

Law of Georgia No 5281 of 11 June 2007 – LHG I, No 30, 30.7.2007, Art. 345

Article 21 22 – A motion of a tax authority

A motion of a tax authority must be justified and must include the accurate data of the taxpayer.

Law of Georgia No 5281 of 11 June 2007 – LHG I, No 30, 30.7.2007, Art. 345

Article 21 23 – Procedure for resolving the issue of selling a taxpayer's seized property

1. A judge shall, based on a motion of a tax authority, issue an order within 14 days after submission of the motion.

2. A judge shall consider a motion of a tax authority at his/her own discretion. Participants of the court hearing on the

motion shall be a representative of the tax authority and the taxpayer, or his/her representative, issuance of an order on

selling the seized property of who is requested by the tax authority (except when the parties cannot be invited) shall

participate in the.

3. Failure of the parties to appear at or inability to invite them to a hearing shall not cause postponement of the hearing

on the motion of a tax authority.

4. After verifying the justifiability of a tax authority's motion, the judge shall issue an order on granting or refusing to

grant the motion for selling the taxpayer's seized property, which will include the following information:

a) the date and place of drawing up the order;

b) the surname of the judge;

c) the tax authority submitting the motion to the court;

d) the tax authority that has the right to execute the order;

e) the decree on granting or rejecting the motion for selling the taxpayer's seized property at an auction;

f) the signature of the judge and the seal of the court.

5. A judge’s order shall be drawn up in three copies, of which one shall be forwarded to the tax authority submitting the

motion, the second copy shall be forwarded to the taxpayer, and the third copy shall remain with the court.

6. A judge’s order, as regards sales of seized property, shall enter into force after the expiry of the period for appealing the

order. Appealing the order shall suspend the validity of the order.

7. An appeal for cancelling a judge’s order shall be filed with the court issuing the order within 48 hours after a copy of

the order is forwarded to a party. The judge shall immediately forward the appeal, together with the case materials, to the

court of the appellate instance.

8. An appeal shall be heard at the court of appellate instance within 10 days after filing.

9. An order of the court of appellate instance shall be final and shall not be subject to appeal.

Law of Georgia No 5281 of 11 June 2007 – LHG I, No 30, 30.7.2007, Art. 345

Chapter VII 6 – (Deleted)

Law of Georgia No 3046 of 4 May 2010 – LHG I, No 24, 10.5.2010, Art. 165

Law of Georgia No 5371 of 6 December 2011 – website, 20.12.2011

Law of Georgia No 4063 of 17 July 2015 – website, 29.7.2015

Law of Georgia No 47 of 1 December 2016 – website, 15.12.2016

Law of Georgia No 874 of 26 June 2025 – website, 7.7.2025

Article 21 24 – (Deleted)

Law of Georgia No 3046 of 4 May 2010 – LHG I, No 24, 10.5.2010, Art. 165

Law of Georgia No 5371 of 6 December 2011 – website, 20.12.2011

Law of Georgia No 4063 of 17 July 2015 – website, 29.7.2015

Law of Georgia No 47 of 1 December 2016 – website, 15.12.2016

Law of Georgia No 874 of 26 June 2025 – website, 7.7.2025

http://www.matsne.gov.ge 030.000.000.05.001.000.672

Article 21 25 – (Deleted)

Law of Georgia No 3046 of 4 May 2010 – LHG I, No 24, 10.5.2010, Art. 165

Law of Georgia No 5371 of 6 December 2011 – website, 20.12.2011

Law of Georgia No 4063 of 17 July 2015 – website, 29.7.2015

Law of Georgia No 47 of 1 December 2016 – website, 15.12.2016

Law of Georgia No 1568 of 11 May 2022 – website, 17.5.2022

Law of Georgia No 874 of 26 June 2025 – website, 7.7.2025

Chapter VII 7 – Administrative Legal Proceedings Related to Payment of the Monetary Compensation to Persons

Recognized as Victims of Political Repressions and to Their First-Degree Heirs

Law of Georgia No 4646 of 5 May 2011 – website, 18.5.2011

Article 21 26 – Filing of a claim to court

1. Persons provided for by Article 9(1) of the Law of Georgia on Acknowledgment of Citizens of Georgia as Victims of

Political Repressions and Social Protection of Repressed Persons shall have the right to file with the court an action to

obtain monetary compensation provided for by Article 9 of the same Law.

2. A repressed person, his/ her first-degree heir, or their representative shall file an action to obtain monetary

compensation with the Tbilisi City Court or Kutaisi City Court, according to the place of residence of the repressed

person/his/her first-degree heir, not later than 1 January 2018. For the purposes of this Chapter, the Tbilisi City Court

jurisdiction shall encompass Eastern Georgia, and the Kutaisi City Court jurisdiction shall encompass Western Georgia.

3. The following documents must be attached to an action to obtain monetary compensation:

a) a document evidencing the recognition of a person as a victim of political repressions;

b) a document evidencing heredity, in the case of submitting the action by the first degree heir;

c) a notarised agreement on cession of the right to require monetary compensation, if there are several first-degree heirs

who agree to cede the right to require monetary compensation in favour of one or more heirs.

4. If there are several first-degree heirs to a person recognised as a victim of political repressions, a lump-sum monetary

compensation shall be paid to them.

Law of Georgia No 4646 of 5 May 2011 – website, 18.5.2011

Law of Georgia No 2763 of 31 October 2014 – website, 11.11.2014

Article 21 27 – Consideration of the issue of allowing a claim for obtaining monetary compensation

1. A judge shall consider the issue of allowing an action to obtain monetary compensation within five days after filing the

action.

2. If the judge finds out that the claim for obtaining monetary compensation fails to meet the requirements established by

this Code, he/she shall deliver a ruling on the existing defect and shall fix a reasonable period of time for the claimant to

remedy the defect. If the claimant remedies the defect specified in the ruling within the fixed period of time, the judge

shall deliver a ruling on allowing the claim for obtaining monetary compensation; in the opposite case, the judge shall

deliver a ruling on refusing to allow the claim for obtaining monetary compensation and shall return the claim to the

claimant, along with the attached documents.

3. A private complaint may be filed against the court ruling on refusing to allow the claim for obtaining monetary

compensation.

4. After the ruling on allowing a claim for obtaining monetary compensation is delivered, or after the time limit for

delivering such a ruling expires, the judge shall immediately forward the claim and the copies of the attached documents

to the defendant and shall fix a period of time for him/her to file a statement of defence.

Law of Georgia No 4646 of 5 May 2011 – website, 18.5.2011

Article 21 28 – Consideration of a claim for obtaining monetary compensation

When considering a claim for obtaining monetary compensation, the court shall consider the fact of acknowledging a

person as a victim of political repressions as established, which is evidenced by a document acknowledging the person as a

victim of political repressions.

Law of Georgia No 4646 of 5 May 2011 – website, 18.5.2011

Article 21 29 – The procedure for resolving the issue of payment of monetary compensation

1. The Ministry of Finance of Georgia shall be the defendant during the legal proceedings provided for by this Chapter.

2. A decision on paying monetary compensation shall be delivered by the court considering the gravity of various levels of

coercion specified in Article 9(1) of the Law of Georgia on the Acknowledgment of Citizens of Georgia as Victims of

Political Repressions and Social Protection of Repressed Persons, and the age and health status of a repressed person or

his/her first degree heir, and other objective factors.

http://www.matsne.gov.ge 030.000.000.05.001.000.672

3. The amount of monetary compensation shall be at least GEL 1 000 and shall not exceed GEL 2 000.

4. A case provided for by this Chapter shall be considered without oral hearing. Upon request of one of the parties, the

court shall consider the case by way of an oral hearing. A case provided for by this Chapter shall be considered within a

general time limit defined and under the procedure established by the procedural legislation of Georgia for consideration

of a case.

5. A decision of the Tbilisi or Kutaisi City Court may be appealed to the Tbilisi or Kutaisi Court of Appeals respectively,

under the procedure established by the procedural legislation of Georgia.

6. An appeal shall be submitted to the Court delivering the decision, which shall immediately forward the appeal to the

appropriate court of appeals along with the attached documents.

7. A claim for obtaining monetary compensation shall be exempt from payment of state fees.

8. A decision (ruling) rendered by a court of appeals shall be final and shall not be appealed.

Law of Georgia No 4646 of 5 May 2011 – website, 18.5.2011

Law of Georgia No 2763 of 31 October 2014 – website, 11.11.2014

Chapter VII 8 – (Deleted)

Law of Georgia No 5354 of 25 November 2011 – website, 8.12.2011

Law of Georgia No 4451 of 28 October 2015 – website, 11.11.2015

Law of Georgia No 5229 of 30 October 2019 – website, 30.10.2019

Law of Georgia No 426 of 30 March 2021 – website, 13.4.2021

Article 21 30 – (Deleted)

Law of Georgia No 5354 of 25 November 2011 – website, 8.12.2011

Law of Georgia No 4451 of 28 October 2015 – website, 11.11.2015

Law of Georgia No 5229 of 30 October 2019 – website, 30.10.2019

Law of Georgia No 426 of 30 March 2021 – website, 13.4.2021

Article 21 31 – (Deleted)

Law of Georgia No 5354 of 25 November 2011 – website, 8.12.2011

Law of Georgia No 4451 of 28 October 2015 – website, 11.11.2015

Law of Georgia No 5229 of 30 October 2019 – website, 30.10.2019

Law of Georgia No 426 of 30 March 2021 – website, 13.4.2021

Article 21 32 – (Deleted)

Law of Georgia No 5354 of 25 November 2011 – website, 8.12.2011

Law of Georgia No 4451 of 28 October 2015 – website, 11.11.2015

Law of Georgia No 5229 of 30 October 2019 – website, 30.10.2019

Law of Georgia No 426 of 30 March 2021 – website, 13.4.2021

Article 21 33 – (Deleted)

Law of Georgia No 5354 of 25 November 2011 – website, 8.12.2011

Law of Georgia No 5229 of 30 October 2019 – website, 30.10.2019

Law of Georgia No 426 of 30 March 2021 – website, 13.4.2021

Article 21 34 – (Deleted)

Law of Georgia No 5354 of 25 November 2011 – website, 8.12.2011

Law of Georgia No 4451 of 28 October 2015 – website, 11.11.2015

Law of Georgia No 5229 of 30 October 2019 – website, 30.10.2019

Law of Georgia No 426 of 30 March 2021 – website, 13.4.2021

Chapter VII 9 – Administrative Legal Proceedings for Cases on Sending Minors to Boarding Schools

Law of Georgia No 5666 of 28 December 2011 – website, 12.1.2012

[Chapter VII 9 – Administrative Legal Proceedings in Cases Related to the Transfer of Minors to Juvenile Referral

Facilities and the Transfer of Minors in Conflict with the Law to Juvenile Care and Support Homes (Shall become

effective from 1 July 2026)]

Law of Georgia No 1261 of 17 December 2025 – website, 25.12.2025

http://www.matsne.gov.ge 030.000.000.05.001.000.672

Article 21 – Application to a court

1. The court shall, under the procedure established by this Chapter, consider a motion of the group of specialists of the

Juvenile Referral Centre (‘the Group of Specialists’), a structural unit of the Legal Entity under Public Law operating

under the Ministry of Justice – the National Agency for Crime Prevention, Execution of Non-custodial Sentences and

Probation (‘the Juvenile Referral Centre’) for sending a minor to a juvenile referral facility, or extending the period of stay

of a minor at a juvenile referral facility.

[1. The court shall, under the procedure established by this Chapter, consider:

a) a motion of the group of specialists of the Juvenile Referral Centre (‘the Group of Specialists’), a structural unit of the

Legal Entity under Public Law operating under the Ministry of Justice – the National Agency for Crime Prevention,

Execution of Non-custodial Sentences and Probation (‘the Juvenile Referral Centre’) for transferring a minor to a juvenile

referral facility, or extending the period of stay of a minor at a juvenile referral facility;

b) a motion of the multidisciplinary group (‘the Multidisciplinary Group’) of the rehabilitation and support centre for

minors in conflict with the Law (‘the Rehabilitation and Support Center’), a legal entity under public law operating under

the Ministry of Justice of Georgia, on the referral of a minor in conflict with the law to a juvenile care and support home

or on the extension of the period of stay of a minor in conflict with the law at the juvenile care and support home. (Shall

become effective from 1 July 2026)]

2. A motion of the Group of Specialists shall be filed with the court in accordance with the conditions provided for by

Article 48 7 (9) of the Law of Georgia on General Education within 10 calendar days after making the decision to file the

motion.

[3. A motion of the multidisciplinary group shall be submitted to the court in accordance with the procedure established

by Chapter IV of the Law of Georgia on Rehabilitation and Support of Minors in Conflict with the Law. (Shall become

effective from 1 July 2026)]

Law of Georgia No 5666 of 28 December 2011 – website, 12.1.2012

Law of Georgia No 3039 of 5 July 2018 – website, 11.7.2018

Law of Georgia No 5407 of 29 November 2019 – website, 10.12.2019

Law of Georgia No 1261 of 17 December 2025 – website, 25.12.2025

Article 21 36 – (Deleted)

Law of Georgia No 5666 of 28 December 2011 – website, 12.1.2012

Law of Georgia No 5407 of 29 November 2019 – website, 10.12.2019

Article 21 37 – The procedure for considering and making a decision on a case

1. A court shall consider a case and make a decision within 15 calendar days after a motion is filed.

2. A judge shall consider a case at a closed session. The following persons shall have the right to attend a closed session:

the minor, a parent/legal representative of the minor, a representative of a guardianship and custodianship authority,

members of the Group of Specialists, another representative of a Juvenile Referral Centre, a social worker, an attorney of

the minor, and other persons invited by the court.

2 1 . When considering the case, the judge shall be guided by, along with other circumstances significant to the case, the

individual assessment report of the minor and documents proving his/her complex behaviour and/or the crime allegedly

committed by him/her, which are attached to the motion. When the decision is made, the following circumstances shall

be taken into consideration: cooperation of the minor and/or the legal representative of the minor with the Juvenile

Referral Centre; participation of the minor in a service/programme selected for the minor by the Juvenile Referral Centre

and the results achieved; if an act under the Criminal Code of Georgia is committed, the nature, gravity and other

significant circumstances of the act shall be taken into consideration.

[ 2. A judge shall consider a case at a closed session. In the case provided for by Article 21 35 (1)(a) of this Code, the

following persons shall have the right to attend a closed session: the minor, a parent/legal representative of the minor, a

representative of a guardianship and custodianship authority, members of the Group of Specialists, another representative

of a juvenile referral centre, a social worker, an attorney of the minor, and other persons invited by the court, and in the

case specified in subparagraph (b) of the same section - a minor in conflict with the law, a legal representative of a minor

in conflict with the law, a representative of a guardianship and custodianship authority, members of the multidisciplinary

group, another representative of the rehabilitation and support centre, a social worker, a psychologist, a lawyer of a minor

in conflict with the law, as well as other persons invited by the court.

2 1 . In the case provided for by Article 21 35 (1)(a) of this Code, when considering the case, the judge shall be guided by,

along with other circumstances significant to the case, the individual assessment report of the minor and documents

proving his/her complex behaviour and/or the crime allegedly committed by him/her, which are attached to the motion.

When the decision is made, the following circumstances shall be taken into consideration: cooperation of the minor

and/or the legal representative of the minor with the juvenile referral centre; participation of the minor in a

service/programme selected for the minor by the juvenile referral centre and the results achieved; if an unlawful act

under the Criminal Code of Georgia is committed, the nature, gravity and other significant circumstances of the act shall

http://www.matsne.gov.ge 030.000.000.05.001.000.672

be taken into consideration .

2 2 . In the case provided for by Article 21 35 (1)( b ) of this Code, when considering the case, the judge shall be guided by,

along with other circumstances significant to the case, the individual assessment report of the minor in conflict with the

law and documents proving the crime allegedly committed by him/her, which are attached to the motion, it shall also

consider the existence of the grounds specified in Article 22(1) of the Law of Georgia on Rehabilitation and Support of

Minors in Conflict with the Law. When the decision is made, the following circumstances shall be taken into

consideration: cooperation of the minor in conflict with the law and/or the legal representative of the minor in conflict

with the law with the juvenile rehabilitation and support centre; participation of the minor in conflict with the law in a

service/programme selected for the minor in conflict with the law by the multidisciplinary group and the results

achieved; the nature, gravity and other significant circumstances of the unlawful act provided for by the Criminal Code of

Georgia. (Shall become effective from 1 July 2026)]

3. A parent or a legal representative shall represent a minor during the court proceedings. If the minor has no parent or

legal representative, the court shall engage a guardianship and custodianship authority in the proceedings to protect the

minor's interests.

[3. A parent or a legal representative shall represent a minor during the court proceedings. If the minor has no parent or

legal representative, the court shall engage a guardianship and custodianship authority in the proceedings to protect the

minor's interests. The participation of a lawyer in the hearing of the case shall be mandatory (Shall become effective from

1 July 2026)]

4. Failure of the parties to appear at the court shall not hinder the proceedings.

5. The decision of the Tbilisi City Court may be appealed to the Tbilisi Court of Appeals within 10 days after delivery of

the decision.

6. An appeal shall be submitted to the Tbilisi City Court, which shall immediately forward the appeal to the Tbilisi Court

of Appeals, along with the attached documents. Appealing the decision of the Tbilisi City Court shall not suspend its

validity.

7. The Tbilisi Court of Appeals shall consider the appeal within 10 days after it is allowed.

8. The decision (ruling) delivered by the Tbilisi Court of Appeals shall be final and shall not be appealed.

Law of Georgia No 5666 of 28 December 2011 – website, 12.1.2012

Law of Georgia No 5407 of 29 November 2019 – website, 10.12.2019

Law of Georgia No 1261 of 17 December 2025 – website, 25.12.2025

Article 21 38 – Rights of a minor

A minor shall have the right to refuse to give explanations at the court, and to require that his/her attorney and

parent/legal representative be attended at the court proceedings.

Law of Georgia No 5666 of 28 December 2011 – website, 12.1.2012

Chapter VII 10 – (Deleted)

Law of Georgia No 2047 of 5 March 2014 – website, 17.3.2014

Law of Georgia No 874 of 26 June 2025 – website, 7.7.2025

Article 21 39 – (Deleted)

Law of Georgia No 2047 of 5 March 2014 – website, 17.3.2014

Law of Georgia No 874 of 26 June 2025 – website, 7.7.2025

Article 21 40 – (Deleted)

Law of Georgia No 2047 of 5 March 2014 – website, 17.3.2014

Law of Georgia No 874 of 26 June 2025 – website, 7.7.2025

Article 21 41 – (Deleted)

Law of Georgia No 2047 of 5 March 2014 – website, 17.3.2014

Law of Georgia No 874 of 26 June 2025 – website, 7.7.2025

Article 21 42 – (Deleted)

Law of Georgia No 2047 of 5 March 2014 – website, 17.3.2014

Law of Georgia No 47 of 1 December 2016 – website, 15.12.2016

Law of Georgia No 874 of 26 June 2025 – website, 7.7.2025

Article 21 43 – (Deleted)

Law of Georgia No 2047 of 5 March 2014 – website, 17.3.2014

Law of Georgia No 874 of 26 June 2025 – website, 7.7.2025

http://www.matsne.gov.ge 030.000.000.05.001.000.672

Article 21 44 – (Deleted)

Law of Georgia No 2047 of 5 March 2014 – website, 17.3.2014

Law of Georgia No 874 of 26 June 2025 – website, 7.7.2025

Chapter VII 11 – Administrative Legal Proceedings for Obtaining Confidential Information on Persons from Commercial

Banks, Microbanks, Payment Service Providers, Microfinance Organisations, Loan Providers, Currency Exchange Offices,

Brokerage Companies, Central Licensed Depositaries, Securities Registrars, Asset Management Companies, or Investment

Companies by Tax Authorities

Law of Georgia No 2947 of 12 December 2014 – website, 24.12.2014

Law of Georgia No 1809 of 9 September 2022 – website, 23.9.2022

Law of Georgia No 2623 of 22 February 2023 – website, 10.3.2023

[Chapter VII 11 – Administrative Legal Proceedings for Obtaining Confidential Information on Persons from Commercial

Banks, Microbanks, Payment Service Providers, Microfinance Organisations, Loan Providers, Currency Exchange Offices,

Brokerage Companies, Central Licensed Depositaries, Securities Registrars, Asset Management Companies, Investment

Companies, Factoring Companies or Factoring Platforms by Tax Authorities (Shall become effective from 1 July 2027)]

Law of Georgia No 1455 of 1 April 2026 – website, 6.4.2026

Article 21 45 – An order of a judge on providing confidential information on a person by a commercial bank, a microbank,

a payment service provider, a microfinance organisation, a loan provider, a currency exchange office, a brokerage

company, a central licensed depositary, a securities registrar, an asset management company, or an investment company

to a tax authority

An order on providing confidential information on a person by a commercial bank, a microbank, a payment service

provider, a microfinance organisation, a loan provider, a currency exchange office, a brokerage company, a central

licensed depositary, a securities registrar, an asset management company, or an investment company to a tax authority

shall be issued by a district (city) court judge, on the basis of a motion of the tax authority, according to the person's

location.

Law of Georgia No 2947 of 12 December 2014 – website, 24.12.2014

Law of Georgia No 1809 of 9 September 2022 – website, 23.9.2022

Law of Georgia No 2623 of 22 February 2023 – website, 10.3.2023

[Article 21 45 – An order of a judge on providing confidential information on a person by a commercial bank, a microbank,

a payment service provider, a microfinance organisation, a loan provider, a currency exchange office, a brokerage

company, a central licensed depositary, a securities registrar, an asset management company, an investment company, a

factoring company or a factoring platform to a tax authority

An order on providing confidential information on a person by a commercial bank, a microbank, a payment service

provider, a microfinance organisation, a loan provider, a currency exchange office, a brokerage company, a central

licensed depositary, a securities registrar, an asset management company, an investment company, a factoring company or

a factoring platform to a tax authority shall be issued by a district (city) court judge, on the basis of a motion of the tax

authority, according to the person's location. (Shall become effective from 1 July 2027)]

Law of Georgia No 1455 of 1 April 2026 – website, 6.4.2026

Article 21 46 – A motion of a tax authority

1. A tax authority may file a motion with a court requesting confidential information on a person from a commercial

bank, a microbank, a payment service provider, a microfinance organisation, a loan provider, a currency exchange office,

a brokerage company, a central licensed depositary, a securities registrar, an asset management company, or an

investment company during the tax audit of a taxpayer, within the scope of this audit, if the tax authority has asked the

person, at least once under the procedure established by the legislation of Georgia, to submit information and the person

has failed to submit the information within the set period of time.

2. A motion of a tax authority must be reasoned. The following information must be included in it:

a) the name and identification data of the person on whom the information is requested by the tax authority;

b) the name of the commercial bank, the microbank, the payment service provider, the microfinance organisation, the

loan provider, the currency exchange office, the brokerage company, the central licensed depositary, the securities

registrar, the asset management company, or the investment company from which the information must be received;

c) the description of the information requested by the tax authority;

d) the form and time limit for receiving information by the tax authority.

Law of Georgia No 2947 of 12 December 2014 – website, 24.12.2014

Law of Georgia No 1809 of 9 September 2022 – website, 23.9.2022

http://www.matsne.gov.ge 030.000.000.05.001.000.672

Law of Georgia No 2623 of 22 February 2023 – website, 10.3.2023

[Article 21 46 – A motion of a tax authority

1. A tax authority may file a motion with a court requesting confidential information on a person from a commercial

bank, a microbank, a payment service provider, a microfinance organisation, a loan provider, a currency exchange office,

a brokerage company, a central licensed depositary, a securities registrar, an asset management company, an investment

company, a factoring company or a factoring platform during the tax audit of a taxpayer, within the scope of this audit, if

the tax authority has asked the person, at least once under the procedure established by the legislation of Georgia, to

submit information and the person has failed to submit the information within the set period of time.

2. A motion of a tax authority must be reasoned. The following information must be included in it:

a) the name and identification data of the person on whom the information is requested by the tax authority;

b) the name of the commercial bank, the microbank, the payment service provider, the microfinance organisation, the

loan provider, the currency exchange office, the brokerage company, the central licensed depositary, the securities

registrar, the asset management company, the investment company, the factoring company or the factoring platform from

which the information must be received;

c) the description of the information requested by the tax authority;

d) the form and time limit for receiving information by the tax authority. (Shall become effective from 1 July 2027)]

Law of Georgia No 1455 of 1 April 2026 – website, 6.4.2026

Article 21 47 – Procedure for issuing a judge’s order on providing confidential information on a person by a commercial

bank, a microbank, a payment service provider, a microfinance organisation, a loan provider, a currency exchange office,

a brokerage company, a central licensed depositary, a securities registrar, an asset management company, or an

investment company to a tax authority

[Article 21 47 – Procedure for issuing a judge’s order on providing confidential information on a person by a commercial

bank, a microbank, a payment service provider, a microfinance organisation, a loan provider, a currency exchange office,

a brokerage company, a central licensed depositary, a securities registrar, an asset management company, an investment

company, a factoring company or a factoring platform to a tax authority (Shall become effective from 1 July 2027)]

1. A judge shall, on the basis of a motion of a tax authority, issue an order within 14 days after the motion is submitted.

2. A judge shall consider a motion of a tax authority at his/her sole discretion. A representative of the tax authority and

the person the issuance of an order on providing confidential information of who is requested by the tax authority (except

when invitation of the parties cannot be organised), or his/her representative shall participate in the consideration of the

motion at a court session.

3. The failure of the parties to appear at the court session or the inability to invite them to the session shall not cause

postponement of the hearing on the tax authority's motion.

4. After examining the reasonableness of the tax authority's motion, the judge shall issue a reasoned order on granting or

rejecting the motion.

5. If the motion is granted, the following information shall be specified in the order:

a) the date and place of preparing the order;

b) the surname of the judge issuing the order;

c) the tax authority that has filed the motion with the court;

d) the tax authority that must be provided with the requested information;

e) the commercial bank, the microbank, the payment service provider, the microfinance organisation, the loan provider,

the currency exchange office, the brokerage company, the central licensed depositary, the securities registrar, the asset

management company, or the investment company, which must provide the tax authority with the confidential

information on a person;

[e) the commercial bank, the microbank, the payment service provider, the microfinance organisation, the loan provider,

the currency exchange office, the brokerage company, the central licensed depositary, the securities registrar, the asset

management company, or the investment company, the factoring company or the factoring platform, which must provide

the tax authority with the confidential information on a person; (Shall become effective from 1 July 2027)]

f) the form and time limit for providing the information;

g) the decree on granting the motion.

6. If the motion is rejected, the following information shall be specified in the order:

a) the date and place of preparing the order;

b) the surname of the judge issuing the order;

c) the tax authority that has filed the motion with the court;

d) the decree on rejecting the motion.

7. A judge’s order shall be drawn up in four copies. One copy shall be forwarded to the tax authority filing the motion, the

second one shall be forwarded to the person the order on providing confidential information on whom has been issued,

http://www.matsne.gov.ge 030.000.000.05.001.000.672

the third one shall be forwarded to the commercial bank, the microbank, the payment service provider, the microfinance

organisation, the loan provider, the currency exchange office, the brokerage company, the central licensed depositary, the

securities registrar, the asset management company, or the investment company, and the fourth one shall remain with the

court.

[7. A judge’s order shall be drawn up in four copies. One copy shall be forwarded to the tax authority filing the motion,

the second one shall be forwarded to the person the order on providing confidential information on whom has been

issued, the third one shall be forwarded to the commercial bank, the microbank, the payment service provider, the

microfinance organisation, the loan provider, the currency exchange office, the brokerage company, the central licensed

depositary, the securities registrar, the asset management company, the investment company, the factoring company or

the factoring platform, and the fourth one shall remain with the court. (Shall become effective from 1 July 2027)]

8. A judge’s order shall become effective upon expiry of the time limit for appealing the order. If appealed, the validity of

the order shall be suspended.

9. An appeal for revoking a judge’s order shall be filed with the court that has issued the order, within 48 hours after a

copy of the order is delivered to the party. The judge shall immediately forward the appeal to a court of appeals, along

with the case materials.

10. The appeal shall be considered in the court of appeals within 10 days after it is filed.

11. An order of a court of appeals shall be final and shall not be appealed.

Law of Georgia No 2947 of 12 December 2014 – website, 24.12.2014

Law of Georgia No 1809 of 9 September 2022 – website, 23.9.2022

Law of Georgia No 2623 of 22 February 2023 – website, 10.3.2023

Law of Georgia No 1455 of 1 April 2026 – website, 6.4.2026

Chapter VII 12 – Administrative Proceedings for Obtaining Confidential Information on Persons from Commercial Banks,

Microbanks, Payment Service Providers, Microfinance Organisations, Loan Providers, Currency Exchange Offices,

Brokerage Companies, Central Licensed Depositaries, Securities Registrars, Asset Management Companies, or Investment

Companies by Tax Authorities for Purposes Provided for by International Agreements of Georgia

Law of Georgia No 2947 of 12 December 2014 – website, 24.12.2014

Law of Georgia No 1809 of 9 September 2022 – website, 23.9.2022

Law of Georgia No 2623 of 22 February 2023 – website, 10.3.2023

[Chapter VII 12 – Administrative Proceedings for Obtaining Confidential Information on Persons from Commercial Banks,

Microbanks, Payment Service Providers, Microfinance Organisations, Loan Providers, Currency Exchange Offices,

Brokerage Companies, Central Licensed Depositaries, Securities Registrars, Asset Management Companies, Investment

Companies, Factoring Companies or Factoring Platforms by Tax Authorities for Purposes Provided for by International

Agreements of Georgia (Shall become effective from 1 July 2027)]

Law of Georgia No 1455 of 1 April 2026 – website, 6.4.2026

Article 21 48 – A judge’s order on providing information by commercial banks, Microbanks, Payment Service Providers,

Microfinance Organisations, Loan Providers, Currency Exchange Offices, Brokerage Companies, Central Licensed

Depositaries, Securities Registrars, Asset Management Companies, or Investment Companies to tax authorities to satisfy

the request of foreign competent (authorised) bodies on the basis of the international agreements of Georgia

An order on providing confidential information on a person by a commercial bank, a microbank, a payment service

provider, a microfinance organisation, a loan provider, a currency exchange office, a brokerage company, a central

licensed depositary, a securities registrar, an asset management company, or an investment company to the tax authority

to satisfy the request of a foreign competent (authorised) body on the basis of an international agreement of Georgia shall

be issued by a judge of a district (city) court on the basis of a motion of the tax authority, according to the location of the

commercial bank, the microbank, the payment service provider, the microfinance organisation, the loan provider, the

currency exchange office, the brokerage company, the central licensed depositary, the securities registrar, the asset

management company, or the investment company.

Law of Georgia No 2947 of 12 December 2014 – website, 24.12.2014

Law of Georgia No 1809 of 9 September 2022 – website, 23.9.2022

Law of Georgia No 2623 of 22 February 2023 – website, 10.3.2023

[Article 21 48 – A judge’s order on providing information by a commercial bank, a microbank, a payment service provider,

a microfinance organisation, a loan provider, a currency exchange office, a brokerage company, a central licensed

depositary, a securities registrar, an asset management company, an investment company, a factoring company or a

factoring platform to a tax authority to satisfy the request of a foreign competent (authorised) body on the basis of an

international agreement of Georgia

An order on providing confidential information on a person by a commercial bank, a microbank, a payment service

http://www.matsne.gov.ge 030.000.000.05.001.000.672

provider, a microfinance organisation, a loan provider, a currency exchange office, a brokerage company, a central

licensed depositary, a securities registrar, an asset management company, an investment company, a factoring company or

a factoring platform to the tax authority to satisfy the request of a foreign competent (authorised) body on the basis of an

international agreement of Georgia shall be issued by a judge of a district (city) court on the basis of a motion of the tax

authority, according to the location of the commercial bank, the microbank, the payment service provider, the

microfinance organisation, the loan provider, the currency exchange office, the brokerage company, the central licensed

depositary, the securities registrar, the asset management company, the investment company, the factoring company or

the factoring platform. (Shall become effective from 1 July 2027)]

Law of Georgia No 1455 of 1 April 2026 – website, 6.4.2026

Article 21 49 – A motion of a tax authority

1. A tax authority shall file a motion to the court for requesting confidential information (except for information provided

for by the Agreement between the Government of the United States of America and the Government of Georgia to

Improve International Tax Compliance and to Implement the Foreign Account Tax Compliance Act (FATCA), the

Multilateral Competent Authority Agreement on Automatic Exchange of Financial Account Information (CRS MCAA)

within the framework of the Convention on Mutual Administrative Assistance in Tax Matters of 25 January 1988, or the

respective Agreement on Automatic Exchange of Financial Account Information between Georgia and the relevant

jurisdiction) on a person from a commercial bank, a microbank, a payment service provider, a microfinance organisation,

a loan provider, a currency exchange office, a brokerage company, a central licensed depositary, a securities registrar, an

asset management company, or an investment company if a foreign competent (authorised) body has requested this

information in accordance with the international agreement of Georgia.

2. The following information must be included in the motion of a tax authority:

a) the identification data of a person information on whom is requested by the tax authority;

b) the name of the commercial bank, the microbank, the payment service provider, the microfinance organisation, the

loan provider, the currency exchange office, the brokerage company, the central licensed depositary, the securities

registrar, the asset management company, or the investment company from which the information must be received;

c) the description of information requested by the tax authority;

d) the form and time limit for receiving information by the tax authority;

e) the written explanation that the request of a foreign country to provide information meets the requirements of the

appropriate international agreement of Georgia.

Law of Georgia No 2947 of 12 December 2014 – website, 24.12.2014

Law of Georgia No 4467 of 28 October 2015 – website, 11.11.2015

Law of Georgia No 4716 of 24 December 2015 – website, 28.12.2015

Law of Georgia No 1809 of 9 September 2022 – website, 23.9.2022

Law of Georgia No 2140 of 30 November 2022 – website, 15.12.2022

Law of Georgia No 2623 of 22 February 2023 – website, 10.3.2023

[Article 21 49 – A motion of a tax authority

1. A tax authority shall file a motion to the court for requesting confidential information (except for information provided

for by the Agreement between the Government of the United States of America and the Government of Georgia to

Improve International Tax Compliance and to Implement the Foreign Account Tax Compliance Act (FATCA), the

Multilateral Competent Authority Agreement on Automatic Exchange of Financial Account Information (CRS MCAA)

within the framework of the Convention on Mutual Administrative Assistance in Tax Matters of 25 January 1988, or the

respective Agreement on Automatic Exchange of Financial Account Information between Georgia and the relevant

jurisdiction) on a person from a commercial bank, a microbank, a payment service provider, a microfinance organisation,

a loan provider, a currency exchange office, a brokerage company, a central licensed depositary, a securities registrar, an

asset management company, an investment company, a factoring company or a factoring platform if a foreign competent

(authorised) body has requested this information in accordance with the international agreement of Georgia.

2. The following information must be included in the motion of a tax authority:

a) the identification data of a person information on whom is requested by the tax authority;

b) the name of the commercial bank, the microbank, the payment service provider, the microfinance organisation, the

loan provider, the currency exchange office, the brokerage company, the central licensed depositary, the securities

registrar, the asset management company, the investment company, the factoring company or the factoring platform from

which the information must be received;

c) the description of information requested by the tax authority;

d) the form and time limit for receiving information by the tax authority;

e) the written explanation that the request of a foreign country to provide information meets the requirements of the

appropriate international agreement of Georgia. (Shall become effective from 1 July 2027)]

Law of Georgia No 1455 of 1 April 2026 – website, 6.4.2026

http://www.matsne.gov.ge 030.000.000.05.001.000.672

Article 21 50 – Procedure for issuing a judge’s order on providing confidential information on a person to a tax authority

by commercial banks, Microbanks, Payment Service Providers, Microfinance Organisations, Loan Providers, Currency

Exchange Offices, Brokerage Companies, Central Licensed Depositaries, Securities Registrars, Asset Management

Companies, or Investment Companies for the purposes provided for by an international agreement of Georgia

[Article 21 50 – Procedure for issuing a judge’s order on providing confidential information on a person to a tax authority

by a commercial bank, a microbank, a payment service provider, a microfinance organisation, a loan provider, a currency

exchange office, a brokerage company, a central licensed depositary, a securities registrar, an asset management company,

an investment company, a factoring company or a factoring platform for the purposes provided for by an international

agreement of Georgia (Shall become effective from 1 July 2027)]

1. A judge shall, on the basis of a motion of a tax authority, issue an order within 14 days after the motion is submitted.

2. A judge shall consider a motion filed by a tax authority at his/her sole discretion, without participation of a person

with respect to whom the tax authority is requesting confidential information on the basis of an international agreement

of Georgia.

(The normative content of the words in paragraph 2: “ without participation of a person with respect to whom the tax

authority is requesting confidential information on the basis of an international agreement of Georgia”, which deprive

the judge of the possibility to resolve the issue of participation of the person, with respect to whom the tax authority is

requesting confidential information on the basis of an international agreement of Georgia, in the consideration of the

motion on the basis of examination of the individual circumstances, has been invalidated )

(The normative content of the words in paragraph 2: “ without participation of a person with respect to whom the tax

authority is requesting confidential information on the basis of an international agreement of Georgia”, which, in the

case when the person is excluded from the proceedings, does not provide for the obligation to notify him/her after the

threats associated with the notification have been expunged, has been invalidated ) – Decision No 1/3/638 of 14 February

2017 of the Constitutional Court of Georgia – website 21.2.2017

3. A judge shall issue an order on granting the motion if it contains the information provided for by Article 21 49 (2) of this

Code.

4. If the motion is granted, the following information shall be indicated in the order:

a) the date and place of drawing up the order;

b) the surname of the judge issuing the order;

c) the tax authority of Georgia that has filed the motion with the court;

d) the commercial bank, the microbank, the payment service provider, the microfinance organisation, the loan provider,

the currency exchange office, the brokerage company, the central licensed depositary, the securities registrar, the asset

management company, or the investment company that have to provide the tax authority with the confidential

information on the person;

[d) the commercial bank, the microbank, the payment service provider, the microfinance organisation, the loan provider,

the currency exchange office, the brokerage company, the central licensed depositary, the securities registrar, the asset

management company, the investment company, the factoring company or the factoring platform that has to provide the

tax authority with the confidential information on the person; (Shall become effective from 1 July 2027)]

e) the form and time limit for providing the information;

f) the decree on granting the motion.

5. If the motion is rejected, the following information shall be indicated in the order:

a) the date and place of drawing up the order;

b) the surname of the judge issuing the order;

c) the tax authority of Georgia that has filed the motion to the court;

d) the decree on rejecting the motion.

6. A judge’s order shall be drawn up in three copies. One copy shall be forwarded to the tax authority filing the motion,

the second one shall be forwarded to the commercial bank, the microbank, the payment service provider, the

microfinance organisation, the loan provider, the currency exchange office, the brokerage company, the central licensed

depositary, the securities registrar, the asset management company, or the investment company, and the third one shall

remain with the court.

[6. A judge’s order shall be drawn up in three copies. One copy shall be forwarded to the tax authority filing the motion,

the second one shall be forwarded to the commercial bank, the microbank, the payment service provider, the

microfinance organisation, the loan provider, the currency exchange office, the brokerage company, the central licensed

depositary, the securities registrar, the asset management company, the investment company, the factoring company or

the factoring platform, and the third one shall remain with the court. (Shall become effective from 1 July 2027)]

7. A tax authority shall have the right to file an appeal for revoking the judge’s order to the court issuing the order, within

48 hours after a copy of the order is forwarded to it. The judge shall immediately forward the appeal to a court of appeals,

along with the case materials.

(The normative content of the words in paragraph 7 – ‘a tax authority shall have the right to file an appeal for revoking

http://www.matsne.gov.ge 030.000.000.05.001.000.672

the judge’s order to the court issuing the order, within 48 hours after a copy of the order is forwarded to it’, which

excludes the possibility for the person, with respect to whom the tax authority is requesting confidential information on

the basis of an international agreement of Georgia, to file an appeal to the court for revoking the judge’s order, has been

invalidated ) – Decision No 1/3/638 of 14 February 2017 of the Constitutional Court of Georgia – website 21.2.2017

8. An appeal shall be reviewed at a court of appeals within 10 days after its submission.

9. The order of the court of appeals shall be final and shall not be appealed.

Law of Georgia No 2947 of 12 December 2014 – website, 24.12.2014

Decision No 1/3/638 of 14 February 2017 of the Constitutional Court of Georgia – website 21.2.2017

Law of Georgia No 1809 of 9 September 2022 – website, 23.9.2022

Law of Georgia No 2623 of 22 February 2023 – website, 10.3.2023

Law of Georgia No 1455 of 1 April 2026 – website, 6.4.2026

Chapter VII 13 – Administrative Proceedings for Involuntary Isolation of Persons Provided for by Article 14(3) of the Law

of Georgia on Tuberculosis Control

Law of Georgia No 4630 of 11 December 2015 – website, 23.12.2015

Article 21 51 – Definition of the term

For the purpose of this Chapter, the term ‘patient’ shall mean a Person provided for by Article 14(3) of the Law of Georgia

on Tuberculosis Control.

Law of Georgia No 4630 of 11 December 2015 – website, 23.12.2015

Article 21 52 – A judge’s order on involuntary isolation of a patient

1. An order on involuntary isolation of a patient and his/her placement in an appropriate medical service providing

facility on the basis of an application of an appropriate local public healthcare unit shall be issued by a magistrate judge,

and within an administrative-territorial unit where there is no magistrate judge, the order shall be issued by a district

(city) court judge according to the location of the appropriate local public healthcare unit.

2. A judge shall consider a case on involuntary isolation of a patient and his/her placement in an appropriate medical

service providing facility and shall issue an order under the procedure established by this Chapter.

Law of Georgia No 4630 of 11 December 2015 – website, 23.12.2015

Article 21 53 – Application to a judge or a court for involuntary isolation of a patient and his/her placement in an

appropriate medical service providing facility

1. An application for issuing an order on involuntary isolation of a patient and his/her placement in an appropriate

medical service providing facility shall be submitted to a magistrate judge or a district (city) court by a local public

healthcare unit within the validity area of which there is a medical service providing facility that has applied to the local

public healthcare unit with a request to apply the involuntary isolation to the patient.

2. An appropriate local public healthcare unit shall apply to a magistrate judge or a district (city) court for issuing an order

within 72 hours after the appropriate medical service providing facility submits the request to the local public healthcare

unit.

3. The application of the appropriate local public healthcare unit must be substantiated and based on the request of the

appropriate medical service providing facility. The identity documents of the patient (a passport, identity certificate or

another document) and the request of the appropriate medical service providing facility must be attached to the

application.

Law of Georgia No 4630 of 11 December 2015 – website, 23.12.2015

Article 21 54 – Procedure for hearing a case on involuntary isolation of a patient and issuing an order

1. A judge shall hear a case on involuntary isolation of a patient and make a decision within 48 hours after an appropriate

application is submitted to him/her.

2. A judge shall hear a case on involuntary isolation of a patient sitting alone in a closed hearing. The hearing may only be

attended by persons whose participation is necessary for the insurance of administrative proceedings. Participation of a

patient in the hearing shall be necessary unless it endangers the health of other persons. The hearing shall, along with the

patient, be attended by the representatives of a respective local public healthcare unit and an appropriate medical service

provider, a defence lawyer of the patient, and another legal representative of the patient, if any. In case a patient cannot

afford to hire a defence lawyer, and if the patient wishes so, the court shall appoint a defence lawyer for him/her at the

expense of the state. When hearing a case of a minor patient, the interests of the minor patient shall be represented by

his/her parents or another legal representative. In a particular case, when a patient cannot be brought to the court due to

his/her illness or another objective reason, a judge shall hold a field hearing to consider a case on involuntary isolation of

the patient in the medical service providing facility where the patient is placed.

3. The judge shall, after opening the hearing, announce what application is being considered, name the participants of the

http://www.matsne.gov.ge 030.000.000.05.001.000.672

hearing, and clarify whether or not there are challenges. The representative of a respective local public healthcare unit

shall substantiate the application he/she has submitted, and subsequently shall answer the questions of the judge, the

patient, his/her defence lawyer and/or another legal representative. Failure of the legal representative of the patient to

appear in the court shall not be the grounds to postpone hearing of the application.

4. A judge shall be authorised to question the representative of the medical service provider that has applied to the local

public healthcare unit with the request to use voluntary isolation against the patient. The patient, his/her defence lawyer

and/or another legal representative shall be authorised to require that other persons, whose testimony may have

substantial significance for the case, are also questioned. The patient, his/her defence lawyer and/or another legal

representative shall also be authorised to provide explanations to the court and give counter-opinions.

5. The minutes of hearing shall be drawn up at the court session. After having verified the relevance of the application

and evaluated the circumstances under Article 14 (2) and (3) of the Law of Georgia on Tuberculosis Control, the judge

shall issue an order on involuntary isolation of a patient and his/her placement in a medical service providing facility until

the ground for the involuntary isolation expires but for no longer than six months.

6. If there are no statutory grounds for involuntary isolation of a patient, a judge shall pass a resolution for rejecting the

involuntary isolation of the patient. In this case, if the patient is already in the medical service providing facility, he/she

must immediately be discharged from the facility.

7. The following information shall be specified in the judge’s order on involuntary isolation of a patient:

a) the date and place of the order issuance;

b) the surname of the judge;

c) the local public healthcare unit that has submitted an application to the court;

d) the parties to the proceedings;

e) the decree on involuntary isolation of a patient with an appropriate justification, and the identity of a person to be

placed in the medical service providing facility;

f) the validity period of the order, which must not exceed six months. The judge’s order shall usually specify that it is

valid until the ground for the involuntary isolation of a patient expires, which is established by a respective local public

healthcare unit on the basis of a request of a medical service provider/a medical commission under Article 15(12) of the

Law of Georgia on Tuberculosis Control;

g) the medical service providing facility, which must comply with the judge’s order;

h) the signature of the judge and the seal of the court.

8. The following information shall be specified in the resolution of a judge for rejecting involuntary isolation of a patient:

a) the date and place of passing the resolution;

b) the surname of the judge;

c) the local public healthcare unit that has submitted an application to the court;

d) the parties to the proceedings;

e) the identity of the patient;

f) the medical service providing facility, which must comply with the resolution of the judge;

g) the signature of the judge and the seal of the court.

9. An order/resolution of the judge shall be prepared in four copies, one copy of which is forwarded to the local public

healthcare unit submitting the application; the second copy of the order shall be forwarded to the medical service

provider that has applied to the local public healthcare unit with the request to use involuntary isolation against a patient;

the third one shall be forwarded to the patient (or his/her defence lawyer/another legal representative), and the fourth

copy shall remain with the court.

10. A respective local public healthcare unit shall, during the review of its application by court, be authorised to

withdraw the application before the judge retires to the chambers.

11. A judge shall terminate proceedings for the involuntary isolation of a patient in the case provided for under Article

15(11) of the Law of Georgia on Tuberculosis Control.

12. An order/resolution of the judge shall become effective upon announcement of the order/resolution to the parties to

the proceedings.

Law of Georgia No 4630 of 11 December 2015 – website, 23.12.2015

Article 21 55 – Validity period of an order of a judge on involuntary isolation of a patient, procedures for the extension and

premature termination of the order validity

1. An order of a judge on involuntary isolation of a patient shall be effective until the ground for the involuntary isolation

of the patient expires, but the validity period of the order must not exceed six months. The period of a patient’s stay at a

medical service providing facility shall commence from the day the patient was placed in the facility under the judge’s

order.

2. Depending on the health status of a patient, when there is a circumstance provided for in Article 15(16) of the Law of

Georgia on Tuberculosis Control, and based on the substantiated application of a local public healthcare unit about the

extension of a period of involuntary isolation of a patient, the period under paragraph 1 of this article may be extended by

no more than two months. The court shall review the application of the local public healthcare unit under the procedure

http://www.matsne.gov.ge 030.000.000.05.001.000.672

established by Article 21 54 of this Code within 72 hours after submission of the application.

3. A patient may apply to the court with a request to terminate his/her involuntary isolation if he/she considers that the

requirements established in relation to him/her under the Law of Georgia on Tuberculosis Control or other legal acts of

Georgia have been violated when in involuntary isolation, or when the ground for involuntary isolation has ceased to

exist. The court shall take a decision with regard to termination of involuntary isolation of the patient within 72 hours

after receiving the request. When deciding, the court shall, along with other circumstances, consider the issue of

restoration of taking anti-tuberculosis drugs by the patient during the involuntary isolation. If the court makes a decision

to terminate the patient’s involuntary isolation, he/she shall continue anti-tuberculosis treatment under the surveillance

of a medical service providing facility. An application of a patient for the premature termination of validity of a judge’s

order on involuntary isolation of the patient shall be reviewed under the procedure established by Article 21 54 of this

Code.

4. The decision on discharging of a patient from a medical service providing facility shall immediately be communicated

to a magistrate judge and/or an appropriate district (city) court.

Law of Georgia No 4630 of 11 December 2015 – website, 23.12.2015

Article 21 56 – Appealing against an order/resolution of a judge on involuntary isolation of a patient

1. An order/resolution of a judge on involuntary isolation of a patient may be appealed to a court of appeals under the

procedure established by this article by a respective local public healthcare unit, also by the patient, his/her defence

lawyer, parent or another legal representative.

2. An appeal for revocation of the judge’s order/resolution shall be filed with the court that issued/passed the

order/resolution within 48 hours after handing a copy of the order/resolution to a party. The judge shall immediately

forward the appeal together with the case materials to the court of appeals. Copies of the appeal and the case materials

shall also be forwarded to the other party.

3. Appealing against an order/resolution of a judge to a court of appeals shall not suspend the validity of the

order/resolution.

4. The court of appeals shall consider the appeal on the merits within one week after filing the appeal, under the

procedure established by Article 21 54 of this Code. In addition, to establish the health status of the patient, the court of

appeals shall have the right to schedule an additional expert examination at its own initiative or on the request of a party.

If the expert examination is scheduled at the court’s initiative, it shall be conducted at the expense of the state. The expert

examination scheduled on the request of a party shall be conduct at the expense of the party.

5. The court of appeals shall revoke the appealed order of the judge by an order, and the appealed resolution of the judge –

by a resolution.

6. The order/resolution of the court of appeals shall be final and shall not be appealed.

Law of Georgia No 4630 of 11 December 2015 – website, 23.12.2015

Law of Georgia No 2036 of 7 March 2018 – website, 29.3.2018

Chapter VII 14 – Administrative Legal Proceedings with Regard to the Payment of an Indemnity on the Basis of a Decision

of the United Nations Human Rights Treaty Body

Law of Georgia No 5013 of 27 April 2016 – website, 13.5.2016

Article 21 57 – Filing an action in the court for obtaining an indemnity

1. For the purposes of obtaining an indemnity for pecuniary and non-pecuniary damage a person shall be entitled to file

an action in the court with regard to whom there exists a decision of the United Nations Human Rights Committee, the

Committee on the Elimination of All Forms of Discrimination against Women, the Committee on the Rights of the Child,

the Committee against Torture, the Committee on the Rights of Persons with Disabilities, or the Committee on the

Elimination of Racial Discrimination (‘the Committee’) on the basis of which it has been established that the Convention

on the basis of which that Committee was founded, has been violated with respect to that case.

2. A person or his/her representative shall file an action to the Regional (City) Court for obtaining an indemnity within

six months from the entry into force of a decision of the Committee under the first paragraph of this article.

3. The following documents shall be attached to an action to obtain indemnity :

a) a copy of a decision by the Committee on the violation of the Convention with regard to the person and/or with regard

to the payment of compensation by the State;

b) a copy of the document certifying the representation where a representative of a person files an action to the court.

Law of Georgia No 5013 of 27 April 2016 – website, 13.5.2016

Law of Georgia No 202 of 22 December 2016 – website, 29.12.2016

Law of Georgia No 2994 of 31 May 2023 – website, 13.6.2023

Article 21 58 – Considering the issue of commencing action proceedings to obtain indemnity

1. A judge shall consider the commencement of an action to obtain indemnity within five days after submission of such

http://www.matsne.gov.ge 030.000.000.05.001.000.672

an action.

2. If the judge finds that the claim to obtain indemnity does not meet the requirements determined by this Code, he/she

shall rule on the existence of a defect in the claim and shall determine a certain reasonable time for the claimant to

remedy the defect. If the claimant remedies the defect within the specified time, the judge shall rule to admit the claim

on obtaining indemnity; otherwise, the judge shall rule to refuse admitting the claim on obtaining indemnity and shall

return the statement of claim, together with the attached documents, to the claimant.

3. A complaint subject to a time limit may be filed against the court ruling refusing admission to the claim on obtaining

indemnity.

4. After ruling on admissibility of the claim on obtaining indemnity, or after the expiry of the period for rendering such a

ruling, the judge shall immediately forward the statement of claim and copies of the attached documents to the defendant

and determine a period for the submission of a statement of defence.

Law of Georgia No 5013 of 27 April 2016 – website, 13.5.2016

Article 21 59 – Considering an action on obtaining indemnity

1. During proceedings on an action to obtain indemnity, the court shall consider the violation of the Convention with

regard to a person as an established fact, as evidenced by a decision of the Committee.

Law of Georgia No 5013 of 27 April 2016 – website, 13.5.2016

Article 21 60 – Resolving the issue of paying indemnity

1. The defendant in the legal proceedings provided for by this chapter shall be the Ministry of Finance of Georgia.

2. A decision on paying indemnity shall be rendered by the Regional (City) Court considering the gravity of violation of

human rights defined by the Convention, and other objective factors.

3. A dispute determined by this chapter shall be considered without oral hearing. Upon request of one of the parties, the

court shall consider the case by way of an oral hearing. A case determined by this chapter shall be considered within

common times and according to the procedure established for considering cases by the procedural legislation of Georgia.

4. A decision rendered by the Regional (City) Court may be appealed to the Court of Appeals, as provided for by the

procedural legislation of Georgia.

5. An appeal shall be submitted to the Court rendering the decision, which shall immediately forward the appeal, together

with attached documents, to the respective court of appeals.

6. A complaint to obtain indemnity compensation shall be exempt from payment of state fees.

7. A decision (ruling) rendered by a court of appeals shall be final and shall not be appealed.

Law of Georgia No 5013 of 27 April 2016 – website, 13.5.2016

Chapter VII 15 – Administrative Proceedings for Suspension of Working Process Due to Violation of Labour Safety

Standards

Law of Georgia No 2050 of 7 March 2018 – website, 21.3.2018

Law of Georgia No 3095 of 5 July 2018 – website, 11.7.2018

Article 21 61 – Consideration of the motion for approval of the suspension of working process

1. A motion for approval of the suspension of working process filed by the Legal Entity under Public Law of the Ministry

of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia subject to

state control – the Labour Inspection Service shall be considered by a court within 48 hours, without communication to

the parties. If necessary, the court may decide to hold an oral hearing of the motion if this helps clarify the circumstances

of the case. If the motion is heard orally, the time and venue of the hearing shall be communicated to the parties. Failure

of the parties to appear at the hearing shall not hinder the court to consider and resolve the issue.

2. The court judgment for approval, partial approval or refusal to approve the suspension of w